Intriguing Glenn Reynolds Essay: "Second Amendment Penumbras: ..."

[-JD-]

This is definitely worth a read!

I found this over at Sebastians's "Shall Not Be Questioned" blog:http://www.pagunblog.com/2012/02/28/...the-internets/ (also worth following)


Abstract and .pdf download link:http://papers.ssrn.com/sol3/papers.c...newthread&f=11

Second Amendment Penumbras: Some Preliminary Observations (Final)



Glenn Harlan Reynolds


University of Tennessee College of Law


February 9, 2012

Southern California Law Review, Vol. 85, No. 247, 2012
University of Tennessee Legal Studies Research Paper No. 169

Abstract:
With the Second Amendment now a working part of the Bill Of Rights in the wake of the Supreme Court's decisions in District of Columbia v. Heller and McDonald v. Chicago, this brief Essay examines the likely extent of penumbral rights under the Second Amendment, as well as the possible effect on unenumerated rights in general of an enforceable right to arms.

[twoguns]

-JD-, What is your take on this?

If I correctly understand the concept of Penumbra doctrine, I am not certain this would be a good development.

What do you say?

[-JD-]

-JD-, What is your take on this?

If I correctly understand the concept of Penumbra doctrine, I am not certain this would be a good development.

What do you say?

In my thinking, his expectations are wholly positive.

As I understand it, he belives that several things follow from the now (re?)established Individual RKBA and constitutional law on similar rights:

- The ability to purchase firearms and ammunition without undue burden or taxation; to train; to transport for (at least) purchasing, maintenance, and training; all must be allowed to provide for a reasonable and practical exercise of the underlying right.

- That the right to arms extends further than just firearms.

- That discriminatory gradings and penalties for offenses for "weapons", particularly where there are technical violations without intent of malice, must be corrected since they create a climate which deliberately and systematically attempts to prevent a reasonable and practical exercise of the underlying right.

- That the 2nd Am. RKBA implies a fundamental right of self defense which may apply both to reducing the states ability to limit an individuals options of action (specifically illustrated WRT medical procedures and therapies) as well recognizing that an individual's rights come before the authority of the state.


Of course I'm a RIGHTist LIBERtarian type, so YMMV