Op-Ed: D.C. v. Heller Eyewitness Report — Analysis 1

By Alan Korwin

It is a most dangerous game we’re playing here. The major “news” outlets seemed to agree with my assessment (and I went out on a limb with that, 12 hours before any of them), that the High Court seemed ready and willing to unequivocally affirm an individual right to keep and bear arms. [NOTE: see my pre-game and post-game eyewitness reports here: http://www.PageNine.org]

But it doesn’t end there — it barely starts there. If they affirm, does that mean Gun Laws of America (listing every federal gun law, with plain English descriptions), is erased? How much of it becomes null and void? What about The Arizona Gun Owner’s Guide, or Texas, or any of the others? Are they history?

“Gun laws will be over” is the hysterical cry of the antis — that a pro-rights finding will wipe out every gun law in the country and plunge us into bloody terror. And those are almost the fears of the pros too — any finding less than total uninfringed keep and bear will jeopardize 200+ years of firmly established cherished rights.

That’s why the NRA and the Brady bunch were beyond reluctant to touch this thing. There’s no telling where it could end up. And the prospects, as I see them, are pretty scary stuff. The more I read my ton of inbound email, the more concerned I’m getting.

Not a single Justice or court brief suggested all or even many gun laws must go away, that’s just irrational raving. But whatever standard comes out, the Bradys will be able to make some claims that, “See, this falls within reasonable regulation.” And the pro-rights people will have openings to challenge some of the more odious laws, and see if they can prevail. No one knows where any of that will lead. We’re back to square one, legislatures, local courts, and the ballot box.

New laws that ban rights may be tougher to enact or even introduce, and pro-rights arguments may have more fuel. Rights-supportive laws may have some obstacles removed, though Texas managed to pass ten of those good laws last session without the Heller case. So who wins in that scenario?

Click here for the entire first-hand account of the goings-on at Tuesday's District of Columbia v. Heller Supreme Court hearing.