Both Justices Sotomayor and Kagan lied during their Senate Confirmation hearings when they told all present that their individual interpretations of the Second Amendment were settled as case-law.
Don’t Count On The Supreme Court For Vigilance In Defending Our Second Amendment Rights!
June, 25, 2016
In 2008, the Supreme Court issued its momentous decision in District of Columbia v. Heller. Until then, the meaning of the Second Amendment had been cloudy for many years. Gun control partisans argued that all it did was to protect a “collective” right to keep and bear arms (militia, the police) but not any right for individuals to do so.
Thus, state and local gun controls laws, no matter how strict, were constitutional.
Advocates for the right of individual ownership argued that the Second Amendment didn’t make sense under that reading. Sheldon Richman, for one, made that case here.
In Heller, a resident of the District of Columbia (Dick Heller) contended that the District’s law that prevented him from having a handgun in his home for self-protection violated his rights under the Second Amendment. (Strangely enough, Heller was paid to provide armed security at the Thurgood Marshall Center during the day, but was prevented from having a weapon at the ready in case he needed to defend himself at night.)
Did he have any rights, though? In a 5-4 decision, the Court ruled that he did.
The Court held that the District’s prohibition against handguns and its law that any other gun must either be kept disassembled or with a trigger lock violated Heller’s constitutional rights to keep firearms for self-defense.
A key element in Heller was the dispute over trigger locks. Was it a reasonable regulation to mandate them?
Arguing the case for the District, former solicitor general Walter Dellinger maintained that he could remove a trigger lock within three seconds. But Chief Justice Roberts didn’t think that was relevant, pointing out that someone awakened in the middle of the night by frightening sounds probably wouldn’t be able to do it nearly so quickly – and seconds might make the difference between life and death.
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