Tuesday, February 07, 2023

About the 'even more interesting' post yesterday, more

on the subject over at GFZ.  Including
The argument of the government was that the second amendment doesn’t apply to Harrison because he is not “a law-abiding citizen” and is “unvirtuous”.

When we look at these cases, we need to pay attention to the how of the government’s argument on why they should be allowed to infringe. For years it was “you aren’t part of the militia, the second amendment doesn’t apply to you.” After Heller it was means-end balancing which said that while the law was infringing, the law was narrowly tailored and in support of a good goal.

Post Bruen the government has been arguing that limiting locations isn’t an actual infringement, that certain weapons are to dangerous to allow the people to possess, that requiring “good moral character” is not an infringement.

In defense of §922(g) they are now arguing that they don’t have to follow Bruen and defend the law on the basis of Text, History and Tradition because this class of person is not part of “The People” because they are not virtuous.

If this argument were to prevail, you can bet that we will see more and more laws passed requiring people to prove they are virtuous and of the different levels of the government passing laws defining actions, traits, or opinions as proof that someone is “unvirtuous”. All of which is bad.

It's a long piece, and worth reading.


Anonymous said...


pigpen51 said...

The more the government tries to limit the 2nd amendment as it applies to the people, the more that proves the need for the 2nd amendment to apply to the people.