publius42 said:
Both sides basically asked the Court to ignore the parts which related to Parker and the rest and just decide the han[d]gun ban and Heller individually.
I wouldn't have phrased it that way, but I can see how many would.
The question the Court will decide includes things no one was asking for, except Parker and the rest in the cross petition.
Ah, but it includes the part of the Circuits ruling that said that appellant Heller
subsumed the claims of the others:
Parker Court said:
Since D.C. Code § 22-4504 (prohibition against carrying a pistol without a license) and D.C. Code § 7-2507.02 (disassembly/trigger lock requirement) would amount to further conditions on the certificate Heller desires, Heller’s standing to pursue the license denial would subsume these other claims too.
Which
is the heart of the dispute.
publius42 said:
Suggests to me that the SC might take this opportunity to reverse Seegars/Naveg[e]ar, which conflicts with SC precedent.
One would certainly hope for this.
Eghad said:
What the NRA wants is a legislative cure not a judicial one.
Eghad, I'm not at all sure that's the prime motivator. While it is easier to lobby the Congress for changes in the law, we must also realize that any law passed, can be later rescinded.
Judicial rulings, on the other hand, are harder to get and harder to take down.
The very real fear is that a Supreme Court ruling that has a solid majority and is adverse to gun owners will most likely never be overturned. Precedent is almost a sacred object to many jurists.
The tactics that the NRA has been using for the past 20 or so years has, for the most part, worked. Before one dismisses the NRA, at least acknowledge that part.
Without the work of the legislative lobbying efforts of the NRA, we would be in a much deeper hole than we now are.
The whole idea that the NRA is trying to protect its money-base is absurd on its face. This one decision, should it be favorable, and I believe it will be, is just a foundation stone for erecting a more sturdy building. There will be lots left to do. Both for people like Robert Levy and the NRA.
And that's part of what I think Jeff was trying to put across.