I gave you the cite from Mugler v. Kansas.  How do you read the
segment: "If therefore, a statute purporting to have been enacted to
protect the public health, the public morals, or the public safety, has
no real or substantial relation to those objects, or is a palpable
invasion of rights secured, it is the duty of the courts to so
adjudge ... "

Certainly efficiency can be judged at the 0% efficient level according
to that cite.  The passage seems to say that you can't have laws
lacking a substantial relation to the public purpose stated for the
law.  Such 0% efficient laws could be rejected by a court according to
Mugler v. Kansas.

My intent in writing was to ask that a public purpose be stated for gun
registration to guide discussion.

I've heard two purposes -- public safety and militia inventory.  I
suspect the first can be attacked both in the legislature and in the
courts as provably 0% efficient and the second will be so limiting that
gun control advocates will be uninterested.

But it would be nice to explore whether a proposed law in the context
of its stated public purpose.

Phil Lee
from occupied Maryland



> If you are suggesting that there is some efficiency test for a public
purpose, I would like to see cases cited.
>
> The difference between rational basis and compelling governmental
interest is the importance of the purpose, not the efficiency with
which it is served, right?
>
> Steve Russell
>
>
> -----Original Message-----
> Cc:
> Subject:             Re: discussion: is gun registration
unconstitutional?
> In all the messages on this topic, I've not seen discussion concerning
> whether gun registration provides a benefit.  Mugler v. Kansas
suggests the
> question what is the public purpose of such a statute and would it
bear a
> substantial relation to the purpose.
>
> If the purpose is inventory of militia weapons, registration would be
> confined to those suitable for use (and perhaps not all of those
since I
> can't report with two battle rifles, they are my property and you
can't say
> I have the obligation to maintain both for militia purposes just
because I
> own more than one).
>
> If the purpose is public safety (registration suppressing criminal
use), the
> statute would need justification which seems unlikely.  The British
and
> Canadians have not been able to solve crimes nor keep guns from being
used
> in crime by registration.  New Zealand did register rifles and
abandoned
> that effort in 1983 from lack of value as concluded by police.
Britain went
> from registering handgun to banning them from lack of value.  In
Canada a
> Member of Parliament asked the authorities to give him an example of
crime
> solved by the gun registry and was told there was no example.
>
> I wonder what public purpose might be cited to justify registration
and how
> that purpose might be defended (in all of this, I'm hoping that the
mere
> assertion of value would not suffice for the Courts -- maybe a naive
hope
> these days).
>
> Phil Lee
>
> The courts are not bound by mere forms, nor are they to be
> misled by mere pretence.  They are at liberty---indeed, are under a
> solemn duly---to look at the substance of things, whenever they
> enter upon the inquiry whether the legislature has transcended the
> limits of its authority.  If therefore, a statute purporting to
> have been enacted to protect the public health, the public morals,
> or the public safety, has no real or substantial relation to those
> objects, or is a palpable invasion of rights secured by the
> fundamental law, it is the duty of the courts to so adjudge, and
> thereby give effect to the Constitution.  Mugler v. Kansas, 123
> U.S. 623, 661.
>
> Title: Re: discussion: is gun registration unconstitutional?
>
> <snip>
>
>     It's probably an argument about what rules courts should devise
in order
> to implement the constitutional text.  But if that's so, it should be
cast
> in terms somewhat more tenuous than "there is constitutional
authority"; and
> beyond that, it should explain why these are the right rules.  Is the
test
> that registration is permissible only when it advances the arming of
the
> militia?  If so, why?  Is it that registration is permissible only
when it
> "doesn't impair the use of firearms for legitimate militia
purposes"?  If
> so, then why are the purposes listed there the "only" ones?
>
> <snip>
>
>

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