Mark Witaschek, a successful financial adviser with no criminal record, is facing two years in prison for possession of unregistered ammunition after D.C. police raided his house looking for guns. Mr. Witaschek has never had a firearm in the city, but he is being prosecuted to the full extent of the law. The trial starts on Nov. 4.
That Scalia’s Damned Dicta permit this sort of thing even in Washington, D.C., (the subject of the original Heller decision) indicates just how horribly damaging is the barn door that Scalia deliberately left wide open in Heller.
What good is guaranteeing an individual right if tyrants can still make it illegal to exercise it, and a supine Supreme Court refuses to rein them in?