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An Excellent Idea!
Oct. 25th, 2007 03:09 pmThe U.S. Supreme Court will be considering whether to hear an appeal in the D.C. gun ban case. (For those who haven't been following it, the District of Columbia bans all ownership or possession of handguns* and places draconian restrictions on the few long guns that are technically legal to own there. That law was challenged as a violation of the Second Amendment and found unconstitutional. Now it's being appealed to the Supreme Court.
The Volokh Conspiracy noted that the Supreme Court would be hearing this petition sometime in November (though an actual hearing wouldn't take place until the spring, most likely). In the comments was a very entertaining suggestion for a truly scientific means of deciding the case:
*by anyone but the police and people the police like enough to look the other way, of course.
"Reading the Amici briefs on this, with a spin on each that would put James Carville, Paul Begala and Rush Limbaugh combined to shame, is giving me a headache. There must be an easier way for the Supremes to arrive at a reasonable decision.
If SCOTUS grants cert,. how about a real "reasonable person" test of the district's laws, using their own claims as the yardstick ...
The DC attorney shall be given one shotgun, unloaded, (and with lock or disassembled as required by current DC law), as well as a brand new box of shotgun shells. These shall both be placed within a locker to simulate a closet, with the exception of the key, which shall be in the attorney's pocket.
The plaintiffs attorney shall be given one claw hammer and shall stand 28 feet away from the DC attorney, as an estimated distance from a front door, just kicked in by an angry drug dealer, to the back of the kitchen.
The judge shall activate a buzzer, at which time the attorneys will attempt to kill each other, and we will determine if the shotgun, stored as required by law, is indeed fully functional as currently claimed by said attorney and Mayor Fenty.
Fox TV please note, I have already applied for a copyright on this concept as my intellectual property for a possible Reality TV series for mid-season."
The Volokh Conspiracy noted that the Supreme Court would be hearing this petition sometime in November (though an actual hearing wouldn't take place until the spring, most likely). In the comments was a very entertaining suggestion for a truly scientific means of deciding the case:
*by anyone but the police and people the police like enough to look the other way, of course.
"Reading the Amici briefs on this, with a spin on each that would put James Carville, Paul Begala and Rush Limbaugh combined to shame, is giving me a headache. There must be an easier way for the Supremes to arrive at a reasonable decision.
If SCOTUS grants cert,. how about a real "reasonable person" test of the district's laws, using their own claims as the yardstick ...
The DC attorney shall be given one shotgun, unloaded, (and with lock or disassembled as required by current DC law), as well as a brand new box of shotgun shells. These shall both be placed within a locker to simulate a closet, with the exception of the key, which shall be in the attorney's pocket.
The plaintiffs attorney shall be given one claw hammer and shall stand 28 feet away from the DC attorney, as an estimated distance from a front door, just kicked in by an angry drug dealer, to the back of the kitchen.
The judge shall activate a buzzer, at which time the attorneys will attempt to kill each other, and we will determine if the shotgun, stored as required by law, is indeed fully functional as currently claimed by said attorney and Mayor Fenty.
Fox TV please note, I have already applied for a copyright on this concept as my intellectual property for a possible Reality TV series for mid-season."