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Cato Podcast

The Second Amendment Since Heller Ruling

Cato Podcast

Cato Institute

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

4.5979 Ratings

🗓️ 17 July 2013

⏱️ 17 minutes

🧾️ Download transcript

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0:00.0

This is the Cato Daily Podcast for Wednesday, July 17th, 2013.

0:07.0

I'm Caleb Brown. Five years after the landmark ruling in the Heller Second Amendment Supreme Court case, the important rights found in the Second

0:14.6

Amendment still have not been given very much substance.

0:17.4

Alan Gura was among the lawyers for Mr Heller.

0:20.3

At the Cato Institute in June, he discussed what's happened since the Heller case in 2008.

0:26.5

Ideally the Second Amendment should function like a normal provision of the Bill of Rights.

0:30.6

That was the goal of Heller. And I believe that we may well be on the path to achieving that end

0:35.8

that would mean that from time to time cases would arise raising some novel

0:40.8

application of the amendment to a new set of facts and the courts

0:44.6

would disappoint both sides with some regularity as the right develops organically

0:49.7

into the future. Indefinitely we have yet to see, for example,

0:54.0

the one Fourth Amendment case that ends all search

0:56.6

and seizure debate in America and resolves

0:59.8

that part of the Constitution for all time.

1:02.3

That's not going to happen with the Second

1:03.9

Amendment most likely but the reality can can be definitely less than ideal at the

1:08.7

present time the situation is decidedly mixed some courts take the Second Amendment very seriously

1:14.4

and they've applied it to secure meaningful positive change in people's lives

1:18.2

that my clients and other people feel every single day. Other courts, are profoundly hostile to the concept of the Second Amendment.

1:26.0

They believe that Heller is not so much a legitimate opinion that must be followed as much as an obstacle, a puzzle to be solved,

1:33.3

something to be bypassed or defeated.

1:35.9

We do know from the outcome of the McDonald case

...

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