The Trend is Toward Gun Rights

Glenn Reynolds notes in USA Today:

Overall, the trend of the past couple of decades seems to be toward expanding gun rights, just as the trend in the 1950s and 1960s was toward expanding free speech rights. America has more guns in private hands than ever before, even as crime rates fall, and, after a half-century or so of anti-gun hysteria, the nation seems to be reverting to its generally gun-friendly traditions.

I agree, and it’s good to be optimistic. But it’s also worth noting that we’re one death or retirement away from losing the Second Amendment entirely. Once the lower courts get the green light, they’ll reduce it to a meaningless right, and the Supreme Court will willingly go along with it. Remember, right now, in most federal circuits, the Second Amendment only means a right to have some kind of handgun, but not any type of handgun, in the home, and even that being subject to severe requirements, limitations, and qualifications. At this point, the Second Amendment may be “ordinary constitutional law” as Prof. Reynolds notes, but it’s far from a meaningful right for a sizable number of American citizens. We still have a lot of work to do, especially in 2014 and 2016.

3 thoughts on “The Trend is Toward Gun Rights”

  1. We have come a long way no doubt- and I credit that to the CCW movement. But until we can get the courts to recognize the 2nd like the do the 1st, we have a lot of work to do.

    It really frustrates me how they find ways to avoid doing their job.

  2. The next presidential election is critical.

    So will be detonating the nuclear option in the senate to kill the 60 vote threshold for SCOTUS nominees.

    Why does it feel like these elections have parallels to the 1850s? I don’t think comparisons between the GOP and the whigs are entirely unfair. The sorting at the county and state level is also creating some very stark divides. I have little in common with a Tory in New York, and that Tory has little in common with me (and apparently sees me as a threat to be eliminated).

  3. I can never help thinking that I will die, not having even a fraction of the gun rights I enjoyed when I was 21. So, I apologize if talk about progress with gun rights sounds a little hollow to me.

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