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Friday, July 12, 2013

You MUST Own a Gun!

The Washington Post today reported that a small Georgia town recently passed an ordinance requiring most heads of household to own a gun and ammunition.  More recently, the Brady Campaign filed a lawsuit challenging the ordinance.  http://www.washingtonpost.com/national/tiny-georgia-city-faces-off-against-national-gun-control-group-over-mandatory-gun-ownership/2013/07/12/6770e4ba-eb0e-11e2-818e-aa29e855f3ab_story.html

I think requiring everyone to own a gun would likely cost more lives in accidents and suicides than it would save.  But that’s almost beside the point.  This is pure symbolism on both sides.  This serious issue deserves better.  The Post states:  “City leaders and the police chief, who’s the only police officer in town, said during the meeting when the ordinance was passed that they had no intention of enforcing it.”

That will probably scuttle the Brady Campaign’s lawsuit: it is not justiciable.  “When plaintiffs do not claim that they have ever been threatened with prosecution, that a prosecution is likely, or even that a prosecution is remotely possible, they do not allege a dispute susceptible to resolution by a federal court.” Babbitt v. United Farm Workers Nat. Union, 442 U.S. 289, 298-99 (1979). I suppose prosecution is possible if the police chief changes his mind or is replaced.  To my mind, that should be enough to confer standing, but my guess is that it won’t be.

Posted by Fredrick Vars on July 12, 2013 at 05:22 PM | Permalink

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Comments

When the NRA succeeds in its legislative agenda, beyond its wildest dreams, then this type of legislation is the end game. The only other thing I can imagine them pushing for is mandatory gun education in schools. They have captured the legislative process in the US to an extent unseen in modern times. Woe to us.

Posted by: Anon | Jul 13, 2013 9:36:43 AM

Hmm. While I am a fierce opponent of the wingnuts at the NRA, I'm not sure that "mandatory gun education in schools" wouldn't be a good thing for all involved.

I suppose it turns on whether you imagine one can "educate" without "indoctrinating." I am optimistic.

Posted by: strunkl | Jul 15, 2013 7:56:35 AM

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