Whiskey Rebellion

[Mark Tushnet]

This is way outside my field, but:  Eugene writes, "Given that the
government can lock up arrestees (perhaps subject to bail), search them,
and so on, I'm not sure we can make many claims about the supposed
narrowness of the right to bear arms from the fact that the government
disarms arrestees, too."  Doesn't a lot turn here on what "disarm"
means?  That is, of course the government can temporarily confiscate the
stuff an arrested person has on his/her person (keys, guns lawfully
possessed, etc.).  But it can't -- without going through a separate
proceeding -- permanently confiscate that stuff.  So, I guess the
question is, Assuming that there was some confiscation in connection
with arrest, was the confiscation permanent or temporary?  If the
former, maybe it would count in favor of the "tightly regulated right"
approach; if the latter, not.
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