Gun Control Gives Up and Shifts Gears

The Supreme Court will issue its decision in D.C. v. Heller any day now.  I can’t wait to see the explosion across the blogosphere when it comes.  We will, without a doubt, be in our glory.  But the forces fighting a fundamental right to keep and bear arms are already preparing for the worst.

In this ABC interview, Paul Helmke, campaign president of the Brady Campaign to Prevent Gun Violence, talks about preparations for the next phase of gun control.

“We’ve lost the battle on what the Second Amendment means,” campaign president Paul Helmke told ABC News. “Seventy-five percent of the public thinks it’s an individual right. Why are we arguing a theory anymore? We are concerned about what we can do practically.”

If the Supreme Court strikes down the D.C. gun ban, the Brady Campaign is hoping that it will reorient gun control groups around more limited measures that will be harder to cast as infringements of the Second Amendment.

“The NRA [National Rifle Association] won’t have this fear factor,” Helmke said.

Helmke raises an interesting point.  While the Brady group and the NRA have been in opposite corners of the fight up to now, they may well find that they have far more in common than they thought once the “fear” of losing the 2d Amendment battle is over.


Brady Campaign Attorney Dennis Henigan said there are multiple gun control measures that would not run afoul of a Supreme Court decision striking down the D.C. gun ban.

“Universal background checks don’t affect the right of self-defense in the home. Banning a super dangerous class of weapons, like assault weapons, also would not adversely affect the right of self-defense in the home,” said Henigan. “Curbing large volume sales doesn’t affect self-defense in the home.”

While the details of control will no doubt differ, and likely differ significantly, the NRA has always been strong on the position that gun ownership entails education, limits on ownership by felons and the mentally ill and responsible possession.  They aren’t promoting the notion that everybody and anybody should be allowed to grab a gun and wave it around on the street.

On the other hand, this decision may well turn out to be a “be careful what you wish for” situation, with a fundamental right going much farther than anybody had in mind.  The “good for me but not for thee” approach may fly in the face of a holding that finds it difficult to recognize and rationalize limits on a fundamental right to keep guns out of the hands of those “unsavory” characters.  After all, even unsavory people get the benefit of the Constitution.  In fact, one might argue that protection of their rights lie at the heart of the Constitution, since the rights of the “good guys” tend not to be as readily infringed.

Whether Heller results in a seismic shift in the proliferation of guns across the nation, or whether the decision is far more limited in its breadth, has yet to be seen.  Smart money says that the Supreme (Nino excepted) will find some way to allow the government to keep its fingers around the neck of the gun-toting population while paying lip service to the 2d Amendment being a fundamental right, mostly because it is inconceivable that they would void all restrictions overnight and throw the nation into chaos.

But how they do so, and how far they go or don’t go, may well make for some unlikely bedfellows.


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5 thoughts on “Gun Control Gives Up and Shifts Gears

  1. Joel Rosenberg

    Interesting take. My own is that this is a preemptive retreat, in the wake of the Brady Bunch expecting a reasonable SCOTUS decision; they’ll move from advocating the Clintoneque position that the Second Amendment merely makes it unlawful for the Federal government to forbid the National Guard from keeping and bear arms when under lawful government orders to keep and bear arms (I’m not making this up, you know . . . ) to the notion that any set of restrictions in any way short of an absolute ban, a la DC, are “reasonable.”

    In the short run, that may fly. We’ll have to see. I strongly doubt that Heller will shake up much; a narrowly-drawn decision would merely say, in effect, “whatever level of scrutiny we finally decide to use, a complete ban won’t pass it,” and we’re much more likely to get that than a better one.

    (My own position is that there ought to be very strict scrutiny of any regulation or law restricting any fundamental rights; I think the notion of an absolute ban on firearms possession by a felon who has completed his or her sentence, and had all other fundamental rights restored, is absurd on the face of it. The NRA disagrees, but that’s okay; they’ve been wrong before.)

  2. Joe

    This may be a slightly different issue, but the same group of people (conservatives and NRA types) that believe in the sovereignty of the states won’t allow DC to make their own laws. They won’t fight this on the local level, they’re trying to hide behind the same federal government that they claim they have the right to defend themselves from.

  3. SHG

    From that gunguys blog:

    The notion that the Second Amendment, or any amendment for that matter, should tie the hands of lawmakers from solving big problems, such as reducing gun violence, is intellectually dishonest and an extremist interpretation of government itself.

    Oy vey.

  4. Joel Rosenberg

    Yea, verily, and also gevalt. One would think that the Joyce Foundation’s millions could buy something less nauseating.

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