So say two of the three judges on an Ohio Court of Appeals panel, in State v. Shover(Ohio Ct. App. Feb. 5, 2014) (Carr, J., concurring in the judgment, with Hensal, J., agreeing on this score) (some paragraph breaks added) — and generally quite correctly, it seems to me: I concur in judgment only on the basis …
1. The Second Amendment codifies a pre-existing right The Constitution doesn’t grant or create rights; it recognizes and protects rights that inherently exist. This is why the Founders used the word “unalienable” previously in the Declaration of Independence; these rights cannot be created or taken away. In D.C. vs. Heller, the Supreme Court said the Second …
