Friday, January 21, 2011
First and Second Amendment Rights
I could say more, but really, the best of what can be said, has been said.
I'm waiting, with everybody else. Perhaps unlike everybody else, I half hope the police will make the wrong decision. It'd be hell on TJIC, and I wouldn't want to be in his shoes, but if I were, that would be one a -hell- of an opportunity to challenge the constitutionality of MA's gun laws more broadly.
First, there are the constitutional problems inherent in the law itself.
But perhaps just as important, this -application- of the law would demonstrate that the law is inconsistently and arbitrarily imposed. (Indeed, just the investigation might demonstrate that, regardless of the findings of the police.)
The Supreme Court has overturned laws with no inherent fault on the basis of inconsistent and arbitrary imposition. In this case that's just icing on the cake.