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Cato Podcast

What After Parker v. DC?

Cato Podcast

Cato Institute

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

4.5979 Ratings

🗓️ 28 March 2007

⏱️ 8 minutes

🧾️ Download transcript

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Transcript

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0:00.0

Welcome to the Cato Daily Podcast for Wednesday, March 28th.

0:03.2

I'm your host, Anastasia Glova.

0:05.2

The US Court of Appeals for the DC Circuit recently ruled that the Second Amendment

0:09.6

protects an individual right to keep and bear arms. The case in question, Parker v. District

0:15.2

of Columbia, may well be headed for the Supreme Court and in today's podcast I discuss the

0:20.0

decision with lead counsel for the plaintiffs Alan Gora.

0:23.4

Have there been previous challenges to gun legislation?

0:26.0

There's been a lot of talk on the op-ed pages about the 1939 miller decision.

0:29.9

Could you tell me what that's about?

0:30.9

Well, there have been previous challenges to the DC gun control law, but they were not made

0:35.1

on Second Amendment grounds.

0:36.6

The gun community has tried to avoid Second Amendment litigation for a variety of reasons.

0:42.1

The Miller decision is often spoken about because it's the only Supreme Court decision that addresses the Second Amendment at all in any sort of meaningful way.

0:50.0

There's been a lot of misinformation about Miller and I would encourage everybody to simply go out and read the decision and make up your own mind about what it means.

0:58.0

Clearly there's a lot of disagreement.

1:00.0

In Miller, the court was presented with a case in which two individuals were indicted

1:05.4

for having a sought-off shotgun without having paid the required federal tax.

1:10.4

The indictment was thrown out on Second Amendment grounds and the government appealed to the Supreme Court.

1:15.0

In Miller, the government was successful in getting the case reversed.

1:19.0

And what the court said in Miller is this, there was a question as to whether or not the sought-off shotgun in question

1:24.5

was the kind of gun that's protected by the Second Amendment, but there was really

1:28.5

no question at all that Mr Miller and his co-defendant were individuals entitled to assert that right.

...

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