About nine months ago, the Supreme Court breathed new life into the Second Amendment, ruling for the first time that it protects an individual right to own guns. Since then, lower federal courts have decided more than 80 cases interpreting the decision, District of Columbia v. Heller, and it is now possible to make a preliminary assessment of its impact.
So far, Heller is firing blanks.
…“To date, the federal courts have not invalidated a single gun control law on the basis of the Second Amendment since Heller.”
There is one arguable exception to this trend. Two judges have struck down a part of the Adam Walsh Child Protection and Safety Act, named after the murdered son of John Walsh, the host of the television show “America’s Most Wanted.” The act says that people accused of child pornography offenses must be prohibited from possessing guns while they await trial.
“The right to possess a firearm is constitutionally protected,” Judge Francis wrote. “There is no basis for categorically depriving persons who are merely accused of certain crimes of the right to legal possession of a firearm.”
Interesting. The article goes on to say that an unanswered question is whether the Second Amendment applies not just to federal law, but to the states as well. I would never have assumed otherwise, but apparently we’ll have to wait to find out.