The title is from this essay for which I provided a few comments, including quoting from the Heller case where the Supreme Court recognized a constitutional right to own firearms for individual defense but left open various types of regulations. "The Second Amendment" is basically a trope referencing some strong right to keep and bear arms that makes regulation difficult. For some, regulation should be a limited exception, each one warranting a red flag, even if allowed. It is telling that the NRA is open to some regulation of "bump stocks" that were used in the latest massacre.
(I have kneejerk opposition to limits on First Amendment liberties, but over time, extremism led me to constantly note that there are limits. If there, surely there are limits on more dangerous guns, especially if the 2A itself is understood to cover limited ground while a more general liberty to own and use firearms is a general "liberty" that is not singled out for concern. But, that ship seems to have sailed.)
I was doing my laundry when I heard about the Las Vegas shooting that currently has over fifty dead and many many more injured. It lead to the usual stuff, including "not the time" comments, references to Australia (involving a ban of certain weapons and obtaining those own that probably would be complicated here both culturally and constitutionally ... though would be interesting to read about that) and so on. There are ways to go, including a concerted to address gaps in the background system, which in itself very well probably saved life and limb. A Democratic senator from Connecticut (Newtown) correctly noted that it is left to pressure from the people to push for change. Ditto I'd add actual gun owners, lots of whom are perfectly fine with regulations. Note the bipartisan nature of Australia.
Massacres of the sort like Las Vegas are a small part of attacks though the scope remain notable both as to number and affected parties. Suicides, accidents and violent crimes generally (and drugs being illegal is a factor here) affect innocents and generally are unfortunate. But, killing a bunch of school children or concert goers is a special level of (to use a word that caused issues) terror and large scale loss of life. And, means to limit illegal gun use generally will affect all cases though some can focus on specifics such as cutting down on suicides. Finally, it is simply normal for major tragedies to get one talking or maybe to lead to change. This includes in one's personal life. So, if this helps there, it's good.
A final thought -- sometimes it is noted that a true shift will only occur when guns, or at least certain types of guns, are treated like smoking. Smoking is now in a core way unsavory. In the 1980s, during Scalia's nomination hearings, one can see him smoking a pipe. A basic thing like ending smoking on flights is a major thing. I personally would hope more of that was present regarding hunting. A basic thing here is use of guns in fiction, including the basic ending where the bad person is shot dead.
[A comment originally attached to the subject essay, in part in response to an earlier reference to Saul Cornell.]
I read various accounts on the 2A, from different angles, and Saul Cornell's book [which American historian & dissent evangelist John Fea recently endorsed] was a good part of the story. I take his approach is that there is the 2A with the militia component & a separate common law right to own a firearm for self-defense. Cornell also wrote various articles that were interesting as well.
I don't think John Paul Stevens' dissent is fully convincing but on original understanding grounds as to the 2A it does have serious bite. But, I'm not an originalist. By my understanding, there was a growing understanding that the common law right was deemed a constitutional liberty. This might have been recognized enough by 1868 for there to be a fairly strong originalist claim on 14A grounds.
Liberties are not absolute. Various writers have showed the historical evidence (for those who rest on that) of the legitimacy of a range of regulations. Heller made a list of regulations assumed acceptable. It spends very little time actually examining the specific regulations at issue [handguns are in common use and there are logical reasons for this], a chunk of that section used to refute Breyer's historical evidence and general approach.
I actually agree with the core idea that there is an individual right to own a firearm though it's tougher to say there is a constitutional right to a handgun in a home in a crowded urban area. The law didn't ban all guns. As to handguns, perhaps the law was overbroad [e.g., a right to own a firearm exists; even handguns; but handguns need to be inoperable in a secure location, yes in part to protect children who repeatedly are injured in gun accidents]
Breyer found a way (refuted by the majority) to read a self-defense exception in the law. The problem with the trigger lock provision is unclear unless there is some absolute right on a moment's notice to be able to shoot a handgun. During the oral argument, Walter Dellinger noted that it is pretty easy if you know how to open it to disengage the lock. There are loads of limits on 1A liberties that in such and such a case is more burdensome taking a minute or less to open a trigger lock specifically on one type of gun in a crowded urban high crime area.
The Supreme Court should have sent this case back to the lower court to apply the facts to their new constitutional standard. The activism (not a bad word inherently) shown here is telling. The 2A itself is not the problem. It is the "2A" -- a certain cultural understanding, specifically in certain groups, since again I think evidence shows that popular gun rights might be, basic regulations are as well.
Example: Malcolm Nance, a familiar cable news talking head, noted he owns various guns. But, his guns aren't locked and loaded at his bedside. They are in safe storage. I question if he would have a problem with a law requiring trigger locks.
(I have kneejerk opposition to limits on First Amendment liberties, but over time, extremism led me to constantly note that there are limits. If there, surely there are limits on more dangerous guns, especially if the 2A itself is understood to cover limited ground while a more general liberty to own and use firearms is a general "liberty" that is not singled out for concern. But, that ship seems to have sailed.)
I was doing my laundry when I heard about the Las Vegas shooting that currently has over fifty dead and many many more injured. It lead to the usual stuff, including "not the time" comments, references to Australia (involving a ban of certain weapons and obtaining those own that probably would be complicated here both culturally and constitutionally ... though would be interesting to read about that) and so on. There are ways to go, including a concerted to address gaps in the background system, which in itself very well probably saved life and limb. A Democratic senator from Connecticut (Newtown) correctly noted that it is left to pressure from the people to push for change. Ditto I'd add actual gun owners, lots of whom are perfectly fine with regulations. Note the bipartisan nature of Australia.
Massacres of the sort like Las Vegas are a small part of attacks though the scope remain notable both as to number and affected parties. Suicides, accidents and violent crimes generally (and drugs being illegal is a factor here) affect innocents and generally are unfortunate. But, killing a bunch of school children or concert goers is a special level of (to use a word that caused issues) terror and large scale loss of life. And, means to limit illegal gun use generally will affect all cases though some can focus on specifics such as cutting down on suicides. Finally, it is simply normal for major tragedies to get one talking or maybe to lead to change. This includes in one's personal life. So, if this helps there, it's good.
A final thought -- sometimes it is noted that a true shift will only occur when guns, or at least certain types of guns, are treated like smoking. Smoking is now in a core way unsavory. In the 1980s, during Scalia's nomination hearings, one can see him smoking a pipe. A basic thing like ending smoking on flights is a major thing. I personally would hope more of that was present regarding hunting. A basic thing here is use of guns in fiction, including the basic ending where the bad person is shot dead.
[A comment originally attached to the subject essay, in part in response to an earlier reference to Saul Cornell.]
I read various accounts on the 2A, from different angles, and Saul Cornell's book [which American historian & dissent evangelist John Fea recently endorsed] was a good part of the story. I take his approach is that there is the 2A with the militia component & a separate common law right to own a firearm for self-defense. Cornell also wrote various articles that were interesting as well.
I don't think John Paul Stevens' dissent is fully convincing but on original understanding grounds as to the 2A it does have serious bite. But, I'm not an originalist. By my understanding, there was a growing understanding that the common law right was deemed a constitutional liberty. This might have been recognized enough by 1868 for there to be a fairly strong originalist claim on 14A grounds.
Liberties are not absolute. Various writers have showed the historical evidence (for those who rest on that) of the legitimacy of a range of regulations. Heller made a list of regulations assumed acceptable. It spends very little time actually examining the specific regulations at issue [handguns are in common use and there are logical reasons for this], a chunk of that section used to refute Breyer's historical evidence and general approach.
I actually agree with the core idea that there is an individual right to own a firearm though it's tougher to say there is a constitutional right to a handgun in a home in a crowded urban area. The law didn't ban all guns. As to handguns, perhaps the law was overbroad [e.g., a right to own a firearm exists; even handguns; but handguns need to be inoperable in a secure location, yes in part to protect children who repeatedly are injured in gun accidents]
Breyer found a way (refuted by the majority) to read a self-defense exception in the law. The problem with the trigger lock provision is unclear unless there is some absolute right on a moment's notice to be able to shoot a handgun. During the oral argument, Walter Dellinger noted that it is pretty easy if you know how to open it to disengage the lock. There are loads of limits on 1A liberties that in such and such a case is more burdensome taking a minute or less to open a trigger lock specifically on one type of gun in a crowded urban high crime area.
The Supreme Court should have sent this case back to the lower court to apply the facts to their new constitutional standard. The activism (not a bad word inherently) shown here is telling. The 2A itself is not the problem. It is the "2A" -- a certain cultural understanding, specifically in certain groups, since again I think evidence shows that popular gun rights might be, basic regulations are as well.
Example: Malcolm Nance, a familiar cable news talking head, noted he owns various guns. But, his guns aren't locked and loaded at his bedside. They are in safe storage. I question if he would have a problem with a law requiring trigger locks.
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Thanks for your .02!