Thursday, June 26, 2008

Bearing arms (with restrictions)

I applaud this decision. The constitution clearly gives citizen the right to bear arms, but practicality calls for the ability to control this right. Today's decision adequately addresses both realities:
"Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, 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."

As far as the slim 1 vote margin, I think it would be a mistake to assume that an alternative position would have automatically meant an across the board ban on guns or unreasonable restrictions. The difference, as seen in the dissent, are less stark than one might initially assume and has more to do with allowing elected official determine the confines of restrictions of gun ownership by their citizens:

The Court would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons, and to authorize this Court to use the common-law process of case-by-case judicial lawmaking to define the contours of acceptable gun control policy. Absent compelling evidence that is nowhere to be found in the Court’s opinion, I could not possibly conclude that the Framers made such a choice.

I would have probably been inclined to sympathize with the dissenting opinion, but unlike some who pick and choose which opinions to follow (re: Guantanamo detainees), I think everyone should accept the decision and move on. That shouldn't be a problem. I have long thought that the "gun" argument in contemporary politics was simply one of the many straw men built up by the right wing. They scared some people into thinking that liberals were coming in the middle of the night to take their guns. As someone who spends a lot of time with liberals (from the far left to center/left) I can assure you all that very, very few people want all or even most guns removed from the USA and none have any interest in coming to your home to get them. Not only is it impractical, but as the Court ruled today, it would be unconstitutional. I only hope that the self-proclaimed Patriots, who demand absolutely no control on weaponry will also accept this decision.

No comments: