It may be a long time before the demise of Roe v. Wade, but conservatives could score a significant victoy on gun rights as early as next fall. On Tuesday, a federal appeals court here in Washington upheld an earlier ruling by a lower court that invalidated DC's complete ban on guns in the city. The case should find its way to the Supreme Court before long, and an opinion by the high court could be published as early as next fall (just in time for the elections). It would be the first Supreme Court opinion on the 2nd Amendment since 1939.
The sudden vulnerability of gun control laws has been influenced by new (or perhaps old, depending how you look at it) interpretations of the 2nd Amendment by a few prominent law scholars. As the NYT reported on Sunday, these new legal interpretations are considered especially significant because they are coming from scholars and professors who are known to usually espouse a more liberal bent on the law.
An important point to understand here is that, even if the 2nd Amendment creates a concrete right to "keep and bear arms," the government could restrict that right if it had a compelling reason to do so. Freedom of speech has historically been restricted in situations where an unrestricted right would create a "clear and present danger" to the public, such as yelling "fire" in a crowded theatre.
It seems that the government could make out a fairly solid case for why gun rights can and should be restricted. For instance, if the strict gun control laws in DC can be linked to less violent crime, then laws that impose on the right to own a gun could be constitutionally valid. Public safety is a legitimate public interest, and, in light of the VT tragedy, we all know that guns often pose significant dangers to the public.
More on this debate to come...
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