How Scalia Botched Heller and Let the Left Undermine the 2nd Amendment

American Thinker.com ^ | January 15, 2020 | Michael Filozof

[Kaslin]

Twelve years after the Supreme Court ruled that the right to keep and bear arms is an individual right "unconnected with service in a militia," the Second Amendment is in worse shape than ever. New York; California; Massachusetts; Connecticut; and Washington, D.C., with a combined population of 70 million, have outlawed the sale of most semi-automatic rifles and all gun magazines capable of holding more than ten rounds to the public. Colorado, New Jersey, Vermont, Maryland, and Hawaii also have restrictions on magazine capacity. Seventeen states have so-called "red flag" laws, allowing the summary confiscation of a person's firearms on hearsay, even if that individual has not been charged with a crime. A number of states have banned the sale of firearms between private parties, and New York and California prohibit the sale of ammunition without a government background check and registration of the purchase with the police.

None of this legislation has been declared unconstitutional in court.

This week, Gov. Ralph "Coonman" Northam and the Democrat-controlled state Legislature in Virginia are poised to impose New York–style gun control on the former capital of the Confederacy, including an "assault weapon" sales ban, a magazine ban, an "assault weapons registry," a "red flag" law, and a private transfer ban, despite vocal opposition from rural gun-owners. The passage of such legislation, which is a near certainty as of this writing, would deal a humiliating blow to the National Rifle Association, which located its national headquarters in Fairfax so its employees and lobbyists would not be subject to the District of Columbia's harsh gun laws. (Indeed, one Democrat-sponsored bill in the Virginia Legislature seems to written solely for the purpose of spitefully and vindictively closing the shooting range at NRA headquarters.)

[riverrunner]

Seems to me the Kennedy was the one demanding concessions to get his vote.

[SauronOfMordor]

As you note, a more comprehensive defense of the 2nd amendment would not have gotten past Kennedy. And Roberts is iffy.

Hopefully Trump gets another conservative appointment.

[SecAmndmt]

The problem I see is that we really cannot rely on any SCOTUS justice other than Thomas to take the correct position on 2A.

We can solve this problem in the medium and long term by refusing to allow the government to take the lead in educating our children in public schools.

[marktwain]

Twelve years after the Supreme Court ruled that the right to keep and bear arms is an individual right "unconnected with service in a militia," the Second Amendment is in worse shape than ever.

Simply not correct.

Before Heller, the legal "consensus" was there was no right to keep and bear arms.

Since Heller, the Seventh Circuit has ruled there exists a right to bear arms outside the home, and Illinois has been forced to move to a "Shall Issue" permit.

In 2008, there were two "Constitutional Carry" states. Now there are 16.

In 2008, Wisconsin forbade any Concealed carry. Now they have one of the least restrictive shall issue permits in the nation.

In 2008, Iowa was may issue. Now it is shall issue.

[momincombatboots]

Let’s takk accountability for all. The bumpstock ban gave them rights to determine our defense. It is unconstitutional now as it was when signed.
As history repeats, the left and elite keep their guns and acquire more and more destructive ones.. and the law abiding citizens give up theirs.

[Theoria]

Did the NRA or GOA every speak out against stop and frisk in ny and such? It seems VA has gone default stop and frisk for a state, ie default prevent you from having a weapon in public.

[TexasGurl24]

It wasn’t Scalia. That dicta was added because Stevens (who hated the Second Amendment with a passion) directly lobbied the weak kneed soy boy Kennedy and got Kennedy to demand the dicta as the price for his 5th vote. The lower courts latched on to the dicta (which isn’t binding) and have been treating it as the holding, ignoring what Heller says.

It is long past time to fix this mess. Kennedy is gone.

[Boogieman]

“the Second Amendment is in worse shape than ever”

This author must be very young...

[Lurkinanloomin]

We won’t get a favorable ruling form THIS court.
Roberts is dodging taking any 2A cases.

We need one, probably two more appointments before we have a really conservative Supreme Court.

[1Old Pro]

The problem I see is that we really cannot rely on any SCOTUS justice other than Thomas to take the correct position on 2A.

I hope Kavanaugh is another.

[Albion Wilde]

An old saying among artists: "A fine painting takes two people — one to do the painting, and the other to stop him when it is done."

Same applies to this decision. But hey, no one is perfect. Scalia's ruling is not the problem; it is the left's stretching of the intent and redefining of words that is the problem.

[eyeamok]

CONgress is their Daddy! The Supreme Court can only hear cases CONgress Allows it to hear, they are in Control and could have and should have fixed this a long time ago by Ordering the Judicial Branch to “remain silent” on this issue..