Michael provides some much needed perspective (legally correct, too) on gun control issues in the wake of the Memorial Day weekend freak-out on the topic. You can read the Heller case here. It is amazing how many people (and pundits) shooting off their unregulated mouths on the topic of guns have never bothered to read the SCOTUS opinion that constitutes the latest boundaries on the Second Amendment.
Here is Michael’s Comment of the Day on this post:
Let’s get something correct in the debate about regulation of firearms.
Heller, often cited, does NOT preclude regulation. In fact, Justice Scalia’s (certainly not a left-wing progressive, rather a proponent of originalism) opinion suggests the contrary. Toward the end of the Heller opinion, he states “the problem of handgun violence in this country” is real and the government has “a variety of tools for combating that problem, including some measures regulating handguns.” The Constitutional requirement of Heller is that the government may not disarm citizens in their homes. Justice Scalia recognized regulations of several types of government regulation as presumptively lawful: “conditions and qualifications on the commercial sale of arms,” bans on carrying weapons in “sensitive places,” and he noted the “historical tradition of prohibiting the carrying of ‘dangerous and unusual weapons.’” See (for example) the FDR era laws that restricted guns presumed to be the type used in mob violence.
I do not like to see or hear the emotional “arguments” for doing away with the the Second Amendment; and I dislike just as much the arguments claiming the Supreme Court has definitively ruled that there cannot be restrictions. The second argument is used by advocates from both sides…those proposing restrictions arguing that the Supreme Court ruling is the reason the Second Amendment must be repealed; and those claiming that there can be no regulation of gun rights.
As my wife would say: “Hooey!”
I’m just back to say that as some of you may have guessed, the photo above is in honor of Joe Biden’s delusion that a citizen could not own a cannon when the Second Amendment was adopted….speaking of “Hooey.”