Brannon P. Denning Quote

“Note, however, that trying to ban guns because of strong moral disapproval of them or because of claims that they are 'scary' or that they may be used in crimes would not constitute a 'compelling state interest' any more than an attempt to restrain publication of a book on moral grounds would be. The concept of a 'compelling state interest' cannot swallow up the very right guaranteed in the first place.”

~ Brannon P. Denning

Gun Shy: The Second Amendment as an “Underenforced Constitutional Norm” 21 HARV. J. L. & PUB. POL’Y. 719, 781 n. 367 (Summer 1998)

Ratings and Comments


Mike, Norwalk

Morality can not be lawfully legislated ! ! ! Only law can be legislated into manageable tools such as codes, ordinances, regulations, rules, statutes, etc. The de jure States united's 'compelling state interest' was in discovering the law and then defining it.

E Archer, NYC

Absolutely. Politicians try to twist the meaning of words -- they use 'security' as the reason to restrict the means of 'security.' First, everyone has the right to defend themselves, second we as a community hire a few people to protect these rights, then after a time when the people aren't paying attention laws are passed that restrict the very rights they were hired to protect -- all in the name of protecting us! Classic doublespeak. What this is really about is the transference of power and responsibility from the individual to the government -- and it never makes the people safer, only weaker until their posterity finds themselves serfs on their own land, powerless with no means of defense or redress.

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