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Federal Judiciary

: California Appellate Report

Garber v. Superior Court (Cal. Ct. App. - May 13, 2010)

By Shaun Martin

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While reading this case, I came up with the following not-so-hypotheticals. Particularly for my gun-loving friends.

Assume that the Supreme Court decides in McDonald that the Second Amendment applies to the states. Consistent with Heller, which of the following would be prohbited by the Second Amendment:

(A) A state flatly prohibits residents from possessing firearms. Garber possesses a gun in his home, allegedly for self-defense. (Easy, huh? Clear Second Amendment violation, right?)

(B) A state prohibits residents from possessing firearms in vehicles. Garber lives in his motor home and possesses a gun therein, allegedly for self-defense. Second Amendment violation?

(C) A state prohibits residents from possessing firearms in vehicles. Garber lives in his motor home and possesses a gun therein, allegedly for self-defense, and drives his son to school (or a park) in his motor home. Second Amendment violation?

(D) Garber goes to play a recreational softball game in a state-sponsored tournament on state property. He openly carries a gun, allegedly for self-defense. The umpire, a state employee, refuses to umpire a game in which one of the participants carries a weapon. Second Amendment violation?

(E) Would your answer to (A) through (D) be any different if the "state" in question was the District of Columbia (so Heller applies directly)?

Consider it a law school exam. You have 60 minutes. Begin.

Full post as published by California Appellate Report on June 01, 2010 (boomark / email).

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