The US Circuit Court of Appeals for the District of Columbia has ruled that several parts of the District’s gun registration law violate the Second Amendment, but has upheld several other parts. The case is Heller v. District of Columbia (Heller III).
Note that the parts that were ruled unconstitutional failed because they did not advance a government interest “in a direct and material way,” and because they imposed more than a “minimal burden.”
Checking the Second Amendment, we see that it prohibits any infringement of the right, and has no consideration of whether the infringement advances a government interest or is a minimal infringement. In fact, the Second Amendment itself was created specifically to oppose government and its “interests.”
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The Utah Supreme Court has ruled that WalMart employees have the right to defend themselves at work without losing their jobs:
“We conclude that the policy favoring the right of self-defense is a public policy of sufficient clarity and weight to qualify as an exception to the at-will employment doctrine.”
Under Utah law the right of self-defense trumps an employer’s right to terminate at-will employees in situations where “an employee reasonably believes that force is necessary to defend against an imminent threat of serious bodily harm and the employee has no opportunity to withdraw.”
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Proposed Ivory Ban
Comments due online by 9/28.
