Virgin Islands Judge Rules Using Pre-Heller 'Theory

A judge in the U.S. Virgin Islands has issued a ruling using the "collective rights theory" soundly rejected by the U.S. Supreme Court in its Heller opinion of a few weeks ago. Remember, though Americans squeaked by with a 5-4 decision in Heller, every one of the justices acknowledged the 2A affirms an individual right to a firearm.

Does this judge living in paradise not read a newspaper, own a television or care about precedent from the highest court in the land?

Eugene Volokh provides analysis.

Both Volokh and Doug Berman, an Ohio State University law prof, are monitoring what will likely be a flood of post-Heller "litigation headaches." Here is Berman's take on it all.