FW: Don Kates: 2A FUTURE PROSPECTS

Date: Nov 8, 2008 1:58 PM

> This piece was written by Second Amendment scholar Don Kates.

>

>

> The election of a president who represents, and is one of, the people

> responsible for the financial melt down (Dodd, Frank and the rest of

> that crowd) spells continued financial disaster for the U.S.

>

> The future for gun ownership is not necessarily that bleak, however.

> True, insofar as Obama and his cronies believe in anything about gun

> policy, it is the prohibition and confiscation of all firearms so as to

> produce a population totally dependent on the all-powerful socialist

> police state of their dreams. BUT they know they can’t get that and they

> are aware of some of the dangers of trying. This may substantially limit

> or even eliminate their anti-gun initiatives.

>

> CONGRESSIONAL DISARMAMENT

>

> Their financial melt-down may occupy the attention of the Democratic

> Congress to the exclusion of any consideration of gun laws for the next

> four years, i.e. no new gun bans. Even the most starry-eyed recognize

> the impracticality at this time of their ultimate goal, the prohibition

> and confiscation of all firearms. The anti-gun fanatics will push for a

> renewal of an AW ban (this time a permanent one) and lots of other

> restrictions. But this election has brought into Congress a host of

> Democrats who are at least nominally pro-gun – plus many older members

> remember that the last AW ban resulted in a Republican Congress at the

> next election.

>

> I predict that we shall see all kinds of anti-gun legislation proposed -

> and then referred to committees from which it will never emerge.

>

> JUDICIAL DISARMAMENT

>

> The overwhelming majority of Obama appointees to every level of the

> federal judiciary will be ideologically inclined to nullify Heller.

>

> And, of course, “the Supreme Court follows the election returns.” But

> how does that cut.? Yes, of course, as to firearms the ultimate goal of

> the Obama Administration actually elected, is the prohibition and

> confiscation of all firearms. But on sober reflection they realize that

> the electorate elected a man who, however mendaciously, over and over

> again professed his belief in the right to arms – and mendaciously

> applauded Heller.

>

> Undoubtedly Heller is gone if Obama gets a chance to replace one of the

> 5-man majority. But he may well not get that chance. If not, it seems

> Heller might survive – unless pro-gun nut jobs manage to force

> repudiation by presenting the Supreme Court with hopelessly ugly cases

> like challenges to machine gun bans and AW bans. That might turn one or

> more of the five against us.

>

> A PRO-GUN JUDICIAL APPOINTMENT STRATEGY

>

> It might seem that we ought to be able to produce a judicial “litmus

> test” and demand that every prospective appointee express his faith in

> the 2d am. No, it is not possible.

>

> Politicians dread “hot button” issues like gun control, abortion,

> capital punishment and will do everything they can to avoid voting on

> them. That is why in the next Congress anti-gun initiatives are likely

> to be buried in committee so they never get to a vote. But, by the same

> token, it makes it very difficult to get any senator to even ask a

> prospective judicial appointee what s/he thinks of the 2d am. And if you

> do ask you will get the response that Ginsburg and Breyer gave when

> asked: “Yes, I believe in the 2d Am” (read “I believe it means

> nothing.”). Remember, both Clintons and Obama claim to believe in it.

>

> To quote Alan Gura, “be very happy that we got Heller when we did.”

>

The Second Amendment IS Homeland Security !