Originally published at http://www.commondreams.org/views/2019/08/20/biggest-obstacle-gun-control-may-be-supreme-court
“MAY be more pro-gun” ?
There has never been any “may” to consider. There has never been any question where GOP SCOTUS appointees stand on this and many other issues.
I think Blum’s analysis of potential future SCOTUS decisions on the 2nd has more value than his interpretation of Heller vs DC. Heller was not viewed by the 2nd extremists as a decisive victory, nor a total defeat. It was seen by the 2nd supporters as a mixed decision. In fact, Scalia was widely criticized by the gun rights community for the decision.
Second Amendment rights are not absolute, according to Scalia. Thus, the amendment does not grant the “right to keep and carry any weapon whatsoever in any manner whatsoever for whatever purpose” ( Heller. , at 2816). Among “presumptively lawful” regulatory measures are laws that (1) prohibit carrying concealed weapons, (2) prohibit the possession of firearms by felons and the mentally ill, (3) forbid the carrying of firearms in sensitive places such as schools and government buildings, or (2) impose conditions and qualifications on the commercial sale of arms. He adds that he could also find “support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons” ( Id. , at 2816, 2817). In a footnote, Scalia says the list of presumptively lawful measures “does not purport to be exhaustive.”
Courts have upheld local assault weapon bans and other restrictions outlined by Scalia since Heller. As it stands, now, a reinstatement of an assault style weapons ban, magazine capacity restrictions and so forth would stand. The danger is what happens, when and if, the current Supreme Court should make another ruling on the 2nd. I strongly suspect that would very likely put an end to any attempt to ban assault style weapons or any other federal gun control legislation. On this, I agree with Blum. Not good.
well written, Bill Blum.
The idea that the two latest supreme court justices would / will overturn Wade or this NYC gun carry law, since retracted, is just a waste of time.
The original idea of defending north america by a part time militia still has merit. From a cost standpoint, training, decentralizing our arsenals, and helping create a good sense of citizenship, honor, duty.
The Dayton shooters magazines getting into Chicago as everyday street sweepers is scarier than ever. How would we ever protect school children leaving their building, a hospital, rest home, etc. From a practical viewpoint, these should not be available.
It is well past time to seriously start the discussion of repealing the Second Amendment as the outdated and arcane “right” it is. Repeal will not happen anytime soon, perhaps not in the lifetime of anyone reading this, but like defeating and ending Israel as the racist, genocidal state it is, the discussion must start, and must be loudly sustained against the inevitable and powerful push back it will receive from the powerful interests against it.
Over ten years ago, bad semi truck drivers were taken off the highways - using insurance company evaluations.
This may work for gun ownership also.
Own a gun or guns = must have liability insurance, same a automobile ownership needs a drivers license and insurance required. The insurance company probably can investigate an individual faster than any government employee for a weapon purchase and continued ownership.
Illinois has FOID card. Firearm owners identification. Other states should have this also. The local sheriffs and local police are supposed to physically collect the weapons of individuals who have had their card revoked for any reason. The aurora Pratt mass shooting by a guy who was revoked but his weapons were never picked up, turned in.
For me it’s a feeling of person-hood. What are my wanted rights compared to what others want my rights to be.
I want any woman of any age to decide what to do or not to do with her body.
I also want the right to own any small arms I choose to so I can have up close protection of family and property. I’m not all that good at throwing spears. And that kind of sucks when the bad guy has a gun, especially if I’m not allowed.
I also want to choose my doctor or hospital, something Bernie’s M4ALL would bring.
A rider or other inclusion in Homeowner’s policies could definitely work at negligible cost, or as expensive as actuaries want to make it.That would be regarded as anti-gun, or anti-gun owner, though. Snowflakes.
The trajectory of gun laws and ownership ebbs and flows and when Democrats have control over the agenda, they do little to nothing in this regard. Meanwhile, fewer and fewer households own guns, yet those who do stockpile arsenals. On top of it all, how are we going to control more existing guns in this country than people? We invented the wild west, now it kinda owns us.
We created the conditions in the inner city as well as we did the wild west, and that has been owning us since.
If we can’t address poverty and mental health remedies any gun controls might welcome, even for gun owners. It would only take a shooting near us to change some minds.
What a piece of crap article. Yeah, let’s disarm everybody but the crooks.
The predatory conditions in large inner cities long pre-date the USA.