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Thread: John Lott: 'Well Respected Law Professor Predicts that the Heller Decision will be Overturned'

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    http://johnrlott.blogspot.com/

    http://lawreview.law.wfu.edu/documents/issue.43.837.pdf

    IMAGINING GUN CONTROL IN AMERICA: UNDERSTANDING THE REMAINDER PROBLEM by Nicholas J. Johnson, Wake Forest Law Review 55 pages

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    Regular Member Thundar's Avatar
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    Thanks Doug!

    This is a great read.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Thanks. That's high praise.

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    Regular Member MI-copperhead's Avatar
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    Thanks, Doug. Interesting read (even though I'm only half way through it)! It helps me to understand the gun grabber mentality better.
    "Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty, or give me death !" Patrick Henry

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    Regular Member MI-copperhead's Avatar
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    Interesting conclusion. Liked the last line.

    "Policymakers who continue to, press legislation grounded on supply-side ideal while disclaiming the goal of prohibition are deluded or pandering."
    "Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty, or give me death !" Patrick Henry

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    MI-copperhead wrote:
    Interesting conclusion.Â* Liked the last line.

    "Policymakers who continue to, press legislation grounded on supply-side ideal while disclaiming the goal of prohibition areÂ* deluded or pandering."
    Does anyone understand why Lott made the subject "Well Respected Law Professor Predicts that the Heller Decision will be Overturned"?
    I don't see such a prediction in the attached pdf. Certainly, if it is mentioned that isn't the overall theme of the document.

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    Dr. Lott corresponds comfortably and easily. Ask him.

    Scanning for your concern I found this...
    Two things are foreseeable. First, supply regulations on the edges of Heller will have only symbolic effect because Heller plainly bars laws intended to cut supply to zero. Second, because Heller formally blocks the supply-side ideal, its trajectory will be the focus of political and constitutional warfare. Underlying this will be the mistaken perception that, with sufficient political shift and Heller nullified, supply controls still might work in America. Understanding the structural barriers to supply controls will help us avoid that mistake.

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    Regular Member TFred's Avatar
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    I read the entire piece and while I didn't see him specifically state that he thought it would be overturned, a large portion of his premise is that it very well might be overturned at some point in the future, especially if any new Supreme Court justices are appointed by a more liberal President who takes a "living Constitution" view.

    I found most of his ideas to already be in line with my thinking, namely that handgun confiscation could never work in the US because there are simply too many of them, and too many people who would not comply.

    I found this paragraph (page 37 in the .pdf file) on the timing of registration with respect to Heller and it's potential reversal to be the most interesting thought in the entire article:

    The analysis [of registration] is complicated by the constitutional protection of the individual right to bear arms in Heller. For this exercise, we have assumed that Heller is nullified or explained away. But for this discrete point, the timing of that nullification makes a difference. If the individual right were extinguished before the registration attempt, the analysis remains the same. People should defy registration on fear of confiscation. However, if registration is attempted during a temporary period of individual right protection, and then Heller is nullified, things change dramatically. Under that scenario, potentially large numbers of people will comply with registration, trusting that the Constitution bars confiscation. A large segment of no-paper guns might be brought within the system. Confiscation that follows, aided by the registration records gathered under the protection of Heller, should more effectively confront the remainder problem. [The remainder problem being the fact that there are a large number of handguns in the United States for which there is no government paperwork, and therefore would likely not be collected during a national confiscation effort.]
    Very interesting article, thanks again for posting it here.

    TFred


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    Very thorough analysis. He seems to assume though that, should a national confiscation effort commence, the remainder owners will comply.

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