At 12:30 PM 12/17/2004, Volokh, Eugene wrote:
The Justice Department's Office of Legal Counsel has taken the view that "[t]he Second Amendment secures a right of individuals generally, not a right of States or a right restricted to persons serving in militias." The document is dated Aug. 24, 2004, but it has apparently just been put on the Web site very recently. <http://www.usdoj.gov/olc/secondamendment2.htm>The opinion (http://www.usdoj.gov/olc/secondamendment2.htm) is long and detailed, and I suspect will be quite influential -- OLC opinions tend to be. I also hope it gets some media attention: Certainly this sort of reasoned opinion by the Justice Department office charged with opining on such questions ought to be pretty newsworthy.
The State Department, however, still has their article under review:
http://usinfo.state.gov/products/pubs/rightsof/arms.htm
List members may recall that back in March our esteemed moderator commented on the inaccuracy of their original article and instantly they pulled it and began reviewing the matter. Let us hope the State Department will adopt the OLC position as their own. (Is there any obligation for them to do so?)
--
John E. Briggs [EMAIL PROTECTED] Phoenix, Arizona, USA
We sleep safe in our beds because rough men stand ready in the night to visit violence on those who would do us harm.
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