If Brown was anti-2nd...
a) he would have submitted an "anti" brief in Heller. CA was notably absent from the usual list of anti gun states.
Brief for New York, Hawaii, Maryland, Massachusetts, New Jersey, and Puerto Rico in Support of Petitioner
b) he would have submitted an anti-brief in McDonald. He didn't. We got a pro-2nd instead.
For those that say that the content matters: why would he defend the registry but mention Pena, and ask for guidance? Pena shows that the registry is quite visibly flawed...
But content really didn't matter. The core question was: does Heller apply to the states? The CA AG said it did. He could have wrote: "here in CA we have great gun laws, we allow people to own guns, the 2nd shouldn't apply to the states." But he didn't.
You really can't over emphasize the importance of those two cases: they give us the lever to actually challenge bad gun laws. If we lost Heller or McDonald, we'd be in a very, very bad spot.
-- Michael
a) he would have submitted an "anti" brief in Heller. CA was notably absent from the usual list of anti gun states.
Brief for New York, Hawaii, Maryland, Massachusetts, New Jersey, and Puerto Rico in Support of Petitioner
b) he would have submitted an anti-brief in McDonald. He didn't. We got a pro-2nd instead.
For those that say that the content matters: why would he defend the registry but mention Pena, and ask for guidance? Pena shows that the registry is quite visibly flawed...
But content really didn't matter. The core question was: does Heller apply to the states? The CA AG said it did. He could have wrote: "here in CA we have great gun laws, we allow people to own guns, the 2nd shouldn't apply to the states." But he didn't.
You really can't over emphasize the importance of those two cases: they give us the lever to actually challenge bad gun laws. If we lost Heller or McDonald, we'd be in a very, very bad spot.
-- Michael


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