Posted by Eugene Volokh: San Francisco Housing Authority Allows Lawful Gun Possession by Residents: http://volokh.com/archives/archive_2009_01_11-2009_01_17.shtml#1231958544
See this [1]settlement agreement in Doe v. San Francisco Housing Authority, filed Monday. Congratulations to [2]Chuck Michel on a big victory. Congratulations also, again, to Alan Gura on his victory in D.C. v. Heller, which I think helped bring this about. [3]DailyPundit (Bill Quick) seems to be correct: This result undermines the claims, which I've often heard, "that Heller did not have any effect." Of course it's possible that the San Francisco Housing Authority thought it would win at trial but settled for other reasons, such as a judgment that the policy was a bad idea or was bad politics; but on the facts as I know that, I'm skeptical that the Authority would indeed make such judgments. My suspicion is that the risk of a Second Amendment defeat must have played a pretty substantial role in the Authority's decision, though I should also note that such a defeat would have not been at all certain (given that it's not clear that courts will say that the Second Amendment is incorporated against the states via the Fourteenth Amendment, and that the Amendment binds the government as proprietor, even proprietor of people's homes). Thanks to [4]InstaPundit for the pointer. References 1. http://volokh.com/files/sfpublichousingguns.pdf 2. http://www.tmllp.com/index.php?option=com_comprofiler&task=userProfile&user=63&Itemid=105 3. http://dailypundit.com/?p=33360 4. http://instapundit.com/ _______________________________________________ Volokh mailing list Volokh@lists.powerblogs.com http://lists.powerblogs.com/cgi-bin/mailman/listinfo/volokh
