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Cato Podcast

Bearing Arms in DC

Cato Podcast

Cato Institute

Cato, Peace, Policy, Politics, Markets, Defense, Government, News, News Commentary, 424708, Immigration, Libertarian

4.5979 Ratings

🗓️ 3 March 2010

⏱️ 10 minutes

🧾️ Download transcript

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Transcript

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0:00.0

This is the Cator Daily Podcast for Wednesday, March 3rd, 2010.

0:07.0

I'm Caleb Brown.

0:08.0

With one gun rights case now being considered by the Supreme Court, another case aims to give greater substance to the right to keep and bear arms.

0:16.0

Cato Institute Senior Fellow Tom Palmer wants to have his right to not just keep but also bear arms in the District of Columbia. We spoke last week.

0:27.0

I had originally been one of the plaintiffs in the Heller case and that proceeded with six

0:32.2

plaintiffs because of an unusual

0:34.8

feature of what they call the standing rule in DC. DC had a very unusual

0:40.0

rule to be granted standing. Effect effectively had to have already been arrested

0:44.5

to be able to say that your constitutional rights were in danger.

0:48.4

And only one of the plaintiffs, according to the court,

0:50.9

met that standard because he had applied in writing for a permit and was denied

0:56.0

in writing.

0:57.0

Now I had also applied, but was not given a letter denying me a permit. The court ruled that well that triggered this

1:05.9

unusual standing rule so it proceeded on that basis and the court ruled that

1:10.7

they cannot say that reasonable restrictions on gun ownership, you can't have,

1:16.1

you know, mass murderers, convicted felons and so on owning guns, that reasonable restrictions could not be extended to encompass a total

1:26.3

ban, just an absolute prohibition.

1:29.4

And so they validated the right to keep arms, and that was essentially all that was being

1:34.0

requested in that particular case was to invalidate a law that forbade the

1:40.1

possession of functional firearms.

1:43.0

Now there are two additional steps though to get what we think the Second Amendment

1:47.3

requires, which is the right to keep and bear arms.

...

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