Sometimes they say and write things that make me question it. The other side, at least rhetorically, has claimed to have accepted the post-Heller realties, but I don’t think at root they’ve given serious thought to what that means. Under Heller, it’s accepted that it’s permissible to deny firearms to those mentally ill, but the recognition of the Second Amendment as a fundamental right means the process of finding someone mentally unstable enough to merit stripping them of their liberty has to meet due process requirement, and this requires an adjudication by a court or other lawfully composed body, in fair and open hearings where the accused has a right to be heard and have representation. Every state has a process for this. The Federal Government, including the Veterans Administration has a process for this. The question should not be why dangerously mentally ill individuals are not getting the help they need.
The Second Amendment being a fundamental right means that it is not sufficient to just merely add someone to NICS, with no due process, and that’s not dependent on any statistic, graph or anecdote. Heller should have ended that debate. What other fundamental constitutional right can be denied in such an arbitrary and capricious manner? I challenge our opponents to answer that.