WASHINGTON – The fate of President Obama’s new and controversial
gun-control initiative, which includes provisions to ban certain assault
rifles and clips carrying more than 10 rounds of ammunition, may come
down to whether they meet a U.S. Supreme Court standard of “dangerous
and unusual weapons.’’
Federal courts over the years have consistently held the right to
bear arms as extended under the Second Amendment to the U.S.
Constitution is not total and is open to some restrictions and
regulation. The open question is whether the president’s proposals,
should they pass Congress and become law, exceed constitutional
boundaries.
In 2008, while asserting that a law prohibiting residents of
Washington, D.C., to own handguns violates the Constitution, a majority
of the court nonetheless signed on to an opinion written by Justice
Antonin Scalia, who said certain restrictions could pass constitutional
muster. He made note of the “historical tradition’’ of prohibiting
“dangerous and unusual weapons.’’
Anti-gun groups are confident the president’s proposals can meet any
test. The Brady Campaign to Prevent Gun Violence noted in a statement
that, “Despite more than 500 challenges to gun laws nationwide by the
gun lobby and gun criminals, courts have overwhelmingly upheld the
validity of gun laws keeping guns away from dangerous people and
restricting public gun possession.’’
But Sen. Jim Inhofe (R-Okla.) and others maintain that several Obama
initiatives, including a proposed ban on so-called assault weapons,
violate the Second Amendment right to keep and bear arms, and Inhofe
vows to oppose the effort to impose the restrictions on any level.
“Statistics demonstrate that a ban on particular weapons will not
significantly decrease crime,’’ Inhofe said. “Such a ban will, however,
significantly decrease our rights guaranteed by the Constitution. The
text of the Constitution clearly confers upon an individual the right to
bear arms – and not just for the purposes of hunting as many liberals
will claim. Our Founders believed that the people’s right to own guns
was an important check on the powers of the government and ‘necessary to
the security of a free State.’ I couldn’t agree more and I stand firm
in my support of this right.”
The high court ruled in 1939 that certain types of weapons could be regulated under the Second Amendment. The case titled U.S. v. Miller
involved a violation of the National Firearms Act of 1934, which
required firearms, like Thompson submachine guns and sawed-off shotguns,
to be registered with the predecessor to the Bureau of Alcohol,
Tobacco, Firearms and Explosives.
The defendants in the case were cited for transporting an
unregistered shotgun with a barrel less than 18 inches in length across
state lines. The case was thrown out by a federal district judge who
held the law violated the Second Amendment.
But the high court reversed. Writing for a unanimous court, Justice
James C. McReynolds wrote, “In the absence of any evidence tending to
show that possession or use of a ‘shotgun having a barrel of less than
eighteen inches in length’ at this time has some reasonable relationship
to the preservation or efficiency of a well-regulated militia, we
cannot say that the Second Amendment guarantees the right to keep and
bear such an instrument.”
That decision held up – it proved to be the only Supreme Court case
involving the Second Amendment for almost 70 years. During that period
the federal government adopted several regulatory measures, including
the Gun Control Act of 1968 that, among other things, required the
licensure of gun merchants, a move that effectively ended the practice
of selling guns through the mail.
The situation changed as a result of District of Columbia v. Heller,
a 2008 case that challenged the constitutionality of the Firearms
Control Regulations Act of 1975, which imposed the handgun restriction
on D.C. residents. Scalia and the majority in this case held that
individuals maintain a right to have a gun under the Second Amendment
for purposes like self-protection even if such possession has nothing to
do with belonging to a militia.
But the decision didn’t end there. Scalia opened the door to some
forms of unspecified regulation, asserting that the Second Amendment did
not grant an unlimited right to own a firearm.
“Nothing in our opinion should be taken to cast doubt on longstanding
prohibitions on the possession of firearms by felons and the mentally
ill, or laws forbidding the carrying of firearms in sensitive places
such as schools and government buildings, or laws imposing conditions
and qualifications on the commercial sale of arms,” Scalia wrote.
Retired Justice John Paul Stevens, who dissented in the case, nonetheless said recently that the Heller decision failed to close the door on some forms of regulation.
“Prohibitions on carrying concealed weapons, on the possession of
firearms by felons or the mentally ill and laws forbidding the carrying
of firearms in sensitive places, such as schools and government
buildings, or imposing conditions and qualifications on the commercial
sale of arms, are specifically identified as permissible regulations,”
Stevens said.
Several gun-control cases have cropped up in the federal courts since Heller.
Last October, the U.S. Fifth Circuit Court of Appeals affirmed the
lower court dismissal of a suit brought by the National Rifle
Association challenging a federal law prohibiting anyone under the age
of 21 from purchasing a handgun from a dealer. A unanimous panel found
that “preventing handguns from easily falling into the hands of 18-to-20
year olds remains critical to public safety.”
Also read:
The Hole in One of Biden’s Gun Scare Stories
Claims He Heard Amish Massacre Shots from Quarter Mile Away
by Scott Ott
Joe Biden needs to take another mulligan on the facts.
He told a mayor’s conference that he heard the gunshots from the 2006 Amish school shooting while playing golf a quarter mile away. Turns out there’s no course there…not even close.
Before you laugh off another gaffe from “good old Joe,” consider the
depravity of this craven man, and the administration that uses him.
He puts himself, Gump-like, near the scene of a grisly child
slaughter to boost his credibility as he sells his anti-freedom agenda.
This is not pathetic or bumbling, it is calculated.
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