Politics with Marc Ambinder

« Do American Schoolkids Need 9/11 Education? | Main | Supreme Court To Hear Major National Security Case »

Sep 30 2009, 12:38 pm

Scalia Gets Another Crack At Gun Control

It looks like the Supreme Court is going to take another big bite at gun control. Last year, the Court overturned the District of Columbia's ban on handguns, but left it unclear whether the ruling would apply to states and cities. Now Chicago's strict gun control law is under scrutiny. I didn't much care for last year's opinion, written by Justice Antonin Scalia. I'm not a lawyer but I thought the minority made strong arguments about the nature of the Second Amendment and as a federalist I like the idea of communities being able to set these regulations without having them overturned. That said, I thought D.C.'s gun ban was draconian but that the District had every right to impose it. I wrote about the case and the murder of a friend here.  

Given the tenor of Scalia's opinion last year, which put a lot of emphasis on the right of persons to protect themselves in their home, I don't think the court will touch concealment laws of assault weapons or other restrictions. Scalia made a big deal about handlock requirements being unconstitutional because the owner would need quick access to their firearm. Even if the Court strikes down Chicago's ban on handguns, I think a panoply of restrictions will get upheld. At this point, I don't see Democrats getting too flustered by this.. They've largely dropped the issue. President Obama's reaction to the Scalia ruling last year was muted. And there's no politician proposing anything like say, the licensing of all handguns, as Bill Bradley proposed in his failed 2000 presidential bid. For good or ill, Democrats have come to accept the prevalence of firearms in America--a fact of life the Court will uphold as well.

Comments (6)

I thought it was more likely that the New York nunchuck case was going to the first to revisit whether the second amendment's going to be incorporated into the fourteenth? I would much rather it be that than a handgun control case; even if Scalia gets five to agree on reversing 2nd-amendment incorporation precedent, it would be a much more amusing case. My pet theory is that, based on Scalia's Heller opinion, (rational) laws banning any unconventional weapon are OK. He bent over backwards to come up with an interpretation that allowed handguns but disallowed assault rifles (handgun = 21st century musket, obviously) and it would be fun to see that come back to haunt him.

People should be able to bring assault weapons into the Supreme Court when observing the session. Just like they can in church. Or Little League.

I'm not a lawyer but I thought the minority made strong arguments about the nature of the Second Amendment and as a federalist I like the idea of communities being able to set these regulations without having them overturned. That said, I thought D.C.'s gun ban was draconian but that the District had every right to impose it.

D.C.'s status is different; it's not a state. The DC Circuit is the highest judicial body for DC.

Do you agree that the First Amendment should not be incorporated against the states? The Third? The Fourth? The Fifth? The Sixth?

Some overly abrasive Obama's haters plus Scalia guns laws - A very dangerous Cocktail mix make. If, G-- forbids, some violence erupts the esteemed associate justice will have blood on his hands.

Mr. Cooper: Pre-Heller DC gun laws didn't save your friend. The perp just ignored them. These feel-good laws accomplish nothing except to mercilessly harrass law-abiding gun owners.

The 2nd Amendment grants us no rights; it protects our individual natural right to defend ourselves.