Aurora Victim’s Parents Face Bankruptcy After Suing Online Ammo Dealers, Vow To Change Colorado Law

[branford]

209. Even if Heller and its progeny disappeared tomorrow, little would change.

First, the vast majority of individual states have their own Second Amendment analogs, most of which offer far greater protection that the federal version, with accompanying state gun rights jurisprudence.

More importantly, the Second Amendment only limits restrictions. Most of the proposed gun control legislation, particularly on the federal level, such as UBS's, would likely pass constitutional muster, yet still cannot achieve sufficient support for passage. When Democrats controlled Congress, there wasn't any gun control, and with post-Sandy Hook Republican majorities and polls showing increasing support for gun rights, the Second Amendment is rarely at play. It's democracy that's causing you problems, not the Constitution.

I would also remind you that if a new court overturned gun rights jurisprudence, later courts could just as easily reinstitute it, just like what happened with the death penalty. However, constitutional law once established rarely changes much, and when it does, it's very slow and calculating (e.g., abortion restrictions and desegregation).