August 22, 2009

DECLAN MCCULLAGH: Sorry, Mandatory Gun Registration Is Constitutional. Though I disagree with that as policy, that’s probably right. I could certainly construct a chilling-effect sort of argument that would be no more unfounded than many other constitutional doctrines that are “good law” today, but I’m not sure that such is really compelled by the Constitution. On the other hand, that the 1792 Militia Act required people to prove that they owned at least one qualifying gun is not necessarily support for the notion that you must account to the government for every gun you own.

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