August 07, 2008
California seeks way around Second Amendment
One of the arguments about the limited effect the Supreme Court's decision in Heller is that the Second Amendment was never incorporated, meaning that it doesn't apply to the 50 states, but only limits the actions of the federal government.
Of course, the courts have found a way over the years to find a way to rule that, yes, the other various amendments contained in the Bill of Rights do indeed apply to the states, too.
The only way to resolve this question is through litigation or legislation -- the latter unlikely thanks to the bunch of feckless crapweasels known as "Congress."
Coming to the rescue, though, are unlikely heroes, states like California, where left-wing, anti-gun legislators are continuing to craft laws designed as an end run around the Second Amendment and Heller.
Three bills are coming up for a possible vote today in the California Senate Appropriations Committee, and two are great examples of how to make the gun itself useless without explicitly banning it.
Assembly Bill 2062 would require an individual to possess a license to purchase ammunition, require vendors to keep a detailed record of the transaction, and simply ban mail or internet ammunition orders.
Assembly Bill 2235 would ban the sale of handguns other than "owner-authorized (or "smart") handguns" -- that is, handguns with a permanent, programmable biometric feature that renders the firearm useless unless activated by an authorized user.
The first bill might sound innocuous enough, but if you read the actual text, it makes it a crime to transfer, as in "give" 50 rounds of ammo to a friend or family member unless you're a licensed ammunition vendor.
As in, it's a crime to slide a box of ammo over to your buddy at the range when he runs out.
It also seeks to make the sale of ammo as onerous as the sale of firearms, as well as banning the ability of Californians to buy ammo other than at retail outlets.
The second bill doesn't actually ban weapons completely; it just seeks to create a technical specification that can't yet be met, and one that limits the usefulness of a weapon when and if it can, creating a de facto ban.
Which could lead to the kind of litigation before the Supremes resolving the incorporation issue.
Of course, there are three justices who are looking a little ... old.
And the next president will get to pick their replacements.
And Heller did just squeak by in a 5-4 vote.
I really am going to have to vote for McCain, aren't I?
Contact information for your committee member is here.
Posted by Mike Lief at August 7, 2008 07:37 AM
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Comments
You know, it's not like the budget's late or anything. Oh hell no, we're gonna ban handgun sales and trans-fats. (Notice the order in which those bans came--obviously the trans-fats are the greater priority.
Posted by: Dan at August 7, 2008 09:49 AM
Yes, you are. The question is, are you going to write him a check?
Posted by: ecmarm at August 8, 2008 11:49 AM