assault weapons

  • February 5, 2013
    Guest Post

    by Adam Winkler, professor of law at UCLA School of Law and author of Gunfight: The Battle over the Right to Bear Arms in America

    As Congress considers proposed reforms to the nation’s gun laws, opponents of reform have appropriately drawn attention to the Second Amendment. The Second Amendment protects the rights of individuals to have guns and lawmakers have an obligation to consider whether any law they pass is consistent with constitutional law. No member of Congress should vote for a bill that violates the Second Amendment.

    Where opponents have gone wrong is in constitutional analysis. They claim the Second Amendment would be infringed by the proposed reforms, which include universal background checks, limits on high-capacity magazines, and restrictions on assault weapons.

    Yet none of these laws are likely to be overturned by the Supreme Court as violation of the Second Amendment. That is the view expressed by over 50 distinguished constitutional law professors in this Statement of Professors of Constitutional Law: The Second Amendment and the Constitutionality of the Proposed Gun Violence Prevention Legislation. The signatories include Laurence Tribe, Richard Epstein, Eric Posner, Reva Siegel, Geoffrey Stone, Charles Fried, Walter Dellinger, Dawn Johnsen, Larry Lessig. I was one of a number of Second Amendment specialists who signed, including Sandy Levinson, Mark Tushnet, Joseph Blocher, Jamal Greene, Michael Dorf, Carlton Larson, and Lawrence Rosenthal.

  • January 14, 2013

    by Jeremy Leaming

    Despite the reality that President Obama took no action during his first term to advance gun safety or sensible gun control measures, gun enthusiasts convinced themselves, with the help of right-wing pundits, that the president is not only a socialist but a budding tyrant preparing to confiscate gun owners’ arsenals from coast to coast. And this caricature has been a boon for gun manufacturers and sellers.   

    Over the weekend, The New York Times reported sales of guns, “which began climbing significantly after President Obama’s re-election,” have “soared” since the mass-shooting in Newtown, Conn., and the high-profile discussion of enacting gun safety regulations. An Iowa “independent gun dealer” told the newspaper, “If I had 1,000 AR-15s I could sell them in a week.”

    And now that the president and other lawmakers, such as N.Y. Governor Andrew Cuomo, Md. Governor Martin O’Malley and Colo. Gov. John Hickenlooper, are taking steps to enact gun control measures, gun enthusiasts are becoming louder, some hysterical and others going ballistic.

    The National Rifle Association has been predictable and lame. The group blamed the arts, such as movies, for spurring gun violence and argued that more guns are the solution. In late December, the group’s Vice President Wayne LaPierre, said armed guards should be placed in the nation’s schools. James Yeager of a Tennessee company that apparently trains people to use weapons said in a YouTube video that if the president issued an executive order promoting gun safety that he would “start killing people.” Other chuckleheads have taken to the airwaves to threaten violence if the government were to take any action to curb gun violence.

    What this period of discussion about the nation’s obsession with guns and how to take some measured steps to curb gun violence has exposed, in part, is that the gun lobby is growing tired and extremists are jumping into the fray. Many of these gun lovers believe that the Second Amendment is absolute. First, very few things in life are absolute and certainly there are very few if any rights provided by the Constitution that are absolute. For instance, the First Amendment does not protect all speech and expression. Political speech is provided more protection than commercial speech, speech advocating illegal conduct is not wholly protected under the First Amendment. What about the Fourth Amendment. We know that not all government searches are illegal. Indeed the Fourth Amendment has a lot of exceptions for police officers, acting in good faith and under certain circumstances, to conduct searches and seize property that many would argue are unconstitutional.

    I could go on, but the point is that the Second Amendment does not forbid the regulation of guns. It is likely too much to ask of many of the rabid gun enthusiasts to read D.C. v. Heller, the U.S. Supreme Court decision that held an individual does have the right to “keep and bear arms.”