JUSTICE ANTHONY M. KENNEDY COULD DECIDE GUN CONTROL FATE

Adam Winkler…Gunfight

SCOTUS has refused to hear several gun control cases brought by the National Rifle Assn. that would allow broader open and concealed carry. Although D.C. v. Heller only clarified possession in the home, carrying a firearm outside the home is still up for grabs. The Courts have ruled against straw buyers–those purchasing guns for a third party–so what’s left is background checks and open and concealed carry outside the home. Congress will probably eventually rule on the background check issue; only an idiot cannot see the benefits of making sure who is buying guns. But SCOTUS must address the 2nd Amendment issue of whether a citizen can lawfully carry a gun outside his or her home for protection.

The key vote could come from Supreme Court Justice Anthony M. Kennedy; he joined the liberals in the straw buyer vote. Adam Winkler, a UCLA law professor who wrote Gunfight: The Battle Over the Rights to Bear Arms in America, thinks Kennedy is “willing to read gun control laws broadly.” Winkler also thinks Kennedy “…insisted that the opinion establishing the individual gun ownership right, District of Columbia v. Heller, contain language that it was not calling into question reasonable restrictions on gun ownership. The door is obviously open and Kennedy could be our man.

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