Mission statement:

Armed and Safe is a gun rights advocacy blog, with the mission of debunking the "logic" of the enemies of the Constitutionally guaranteed, fundamental human right of the individual to keep and bear arms.

I can be reached at 45superman@gmail.com.You can follow me on Twitter at http://twitter.com/45superman.

Friday, November 09, 2007

New AG Mukasey says Second Amendment secures individual right?

Breaking news from War on Guns. The first part is probably fairly well known by now--late last night, Mukasey was confirmed by the Senate as Attorney General.

Of concern, as already voiced by both Robert Levy and War on Guns (and undoubtedly others), has always been the question of Mukasey's position on the Second Amendment. As Levy points out, the Attorney General's opinion will probably be sought by the Supreme Court, if the Supremes take up DC v. Heller, as expected, and that opinion will probably be given some weight.

Given some of Mukasey's shady associations, there was some cause for doubt.

Supposedly, there is reason for hope on that front, but from an odd source--my own virulently anti-gun United States Senator (one of them--the one that isn't Obama) Dick Durbin, in explaining his opposition to Mukasey's appointment:

Take another unsettled legal question: whether the Second Amendment secures an individual right to bear arms. Here is what Judge Mukasey told me: “Based on my own study, I believe that the Second Amendment protects an individual right to keep and bear arms.”

In other words, Judge Mukasey agrees with the Bush Administration when it comes to retroactive immunity and the Second Amendment.
If true, this is certainly encouraging news. I'll echo WoG here, and state that I'm not trying to evaluate Mukasey on other issues, or what kind of AG he would be, but that's certainly the answer I would hope the prospective AG would give to that particular question.

Forgot to mention: By the way, I suppose it goes without saying (but I'm going to say it anyway)--another major reason that Mukasey's position on the Second Amdendment is hugely significant for us is that with the BATFE now being part of the Justice Department, and thus under the command of the Attorney General, another Attorney General like Alberto Gonzales is not what we want. With Sullivan looking to be the next Director of the BATFE, and considering this, and this, it would seem imperative that we get an AG who will keep him on a short leash. If Mukasey is such an AG, that's also good news for us.