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Monday, June 13, 2011

Legislation vs legal precedent

John at Only Guns and Money has some thoughts:

Normally, I'd be urging North Carolina readers to call or email the State Senate leadership to move this bill. That said, I disagree with the NRA-ILA on pushing to rush this bill through the State Senate. The reason I don't want to see this bill passed right now is because of a conversation I had with a certain prominent attorney. All I will say about this attorney is that he has rock star status within the gun community.

He said that in strategic civil rights litigation you need the opinions and decisions so that you can build upon them to expand the right. For example, you had to have the Heller decision before you could get the McDonald decision which incorporated the Second Amendment to the states.

As I mentioned to John, the NRA isn't known for taking direction well!

As Sebastian has noted (on more than one occasion) the NRA are more interested in the legislative solution rather than the legal solution; this is because (to the NRA) the legislative solution is the more sure option, and doesn't have the bad precedent baggage.

That line of reasoning does have it's strong points. The legal route does run the risk of setting bad precedent.

But the NRA doesn't have a genius like Alan Gura on staff (more's the pity). As much as I might personally hate the slow pace of the 2A litigation, Gura knows exactly what he's doing when he files a court challenge and where he challenges it. As I said, he's a civil rights litigation genius.

And given past experience with important court cases, it's not likely that the NRA will seek to coordinate with any person or group who just might have a better understanding about what's going on.

For my part, I think the NRA (and we) would be better off if they divested itself of it's legal division and started funding SAF (or equivalent arrangement) at the same financial level.

But I'm mostly nobody.

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Update: Sebastian never disappoints.

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