NPR had a recent article discussing the dangers of stray bullets, something which I agree is a problem.
Unusually, a few sentences in the comments section attracted my interest; I typically don’t participate in comment threads on news articles and try to avoid them where possible. However, a comment by an individual going by the name “Sean Gay” attracted my attention. This comment starts with,
Yet another reason to go back to the pre-2008 second amendment and allowing the implementation of gun laws to restrict access.
In a separate respond to some other commenter, Mr. Gay says:
Right, but all decisions prior to 2007 included the full text of the second amendment as a right for state-sanctioned militia. The decision of 2007 fundamentally rewrote the second amendment and the McDonald v Chicago decision exacerbated the situation. By striking down a completely reasonable restriction in 2007 it opened the gate for other reasonable controls to be broken down. It was a bad decision that went against the Constitution, precedent, law, and common sense.
I’ve seen a few articles and comments of this type recently, no doubt spurred on by media coverage of some recent, high-profile crimes. (As an aside, I note how individuals and the media basically ignore more routine crimes in places like Chicago.)
Some have gone to the extreme of comparing the Heller and McDonald cases to Dred Scott and other cases where the Supreme Court got things very, very wrong and suggest that the court ought to change their rulings on Heller and McDonald. Of course, such comparisons are absurd: Dred Scott and other similar cases are clear examples of the court ruling to explicitly deny or restrict people’s human rights (which is objectively wrong), while Heller and McDonald serve to protect people’s rights.
However, most of the comments avoid such explicit comparisons and are of a “Why can’t things be like they were before?” nature. They always seem to ignore the case law and historical context of the Second Amendment, which is well-cited by the Supreme Court in the Heller case, and erroneously assume that Heller made things up out of whole cloth.
They seem to think that if only Heller and McDonald were undone, the Second Amendment would be no obstacle to restricting guns. Perhaps they’re right, but it seems unlikely that they’d gather much traction: in addition to state constitutions protecting the right to keep and bear arms, the right to self-defense is an inherent one, and that right exists absent the protections of the Second Amendment or particular court rulings. Firearms have a long tradition of being used for defensive purposes, both in the US and abroad, and there’s certainly a lot of legal precedent that does not rely upon the Second Amendment and which supports the right to own firearms for self-protection and other lawful purposes.
Nevertheless, it’s important to keep in mind that there are ordinary people out there who think that a complete ban on handguns (in the case of Heller) is a “reasonable restriction”. Such a position is both unreasonable and extreme, and serves only to restrict the rights of ordinary people. Readers would do well to remind their legislators of that fact, and to keep that in mind when voting in upcoming elections.
Update: I foolishly forgot to include a title in this post before publishing it. This has since been corrected.