U.S. Supreme Court Confirms Broad Scope of Second Amendment
Commentary by Dean Weingarten, Gun Watch
In an historic, but extremely short unanimous opinion, the United States Supreme Court has confirmed that the Second Amendment applies “to all instruments that constitute bearable arms,”. As this is an enormous class of nearly all weapons, the decision [could be] applied to knives and clubs, and nearly all firearms that have been sold in the United States. Nearly all types of firearms are more common than stun guns. From nbcnews.com:
“But in an unsigned opinion, the U.S. Supreme Court [on 3/21/2016] vacated that ruling. It said the Massachusetts court improperly found that Second Amendment protection applies only to weapons that were in common use at the time of the nation’s founding.”
Referring to its landmark 2008 D.C. v. Heller ruling on handguns in the home, the justices said the Second Amendment applies “to all instruments that constitute bearable arms,” even those not in existence at the time of the founding.
The unsigned opinion is very short[.] Alito writes a much longer and more forceful opinion in concurrence. It could, and should, have gone much further. None the less, it is an enormous win for Second Amendment supporters, and it extends far beyond stun guns and Massachusetts.
There is strong language in this opinion. If 200,000 stun guns in the U.S. are “common”, it is hard to believe that 5 million AR-15s and millions of other semi-automatic rifles are “unusual”.
The case lays to rest the idea that courts can simply say anything other than handguns are “uncommon” or “unusual” and are therefore exempt from Second Amendment protections. This case will be cited far into the future.
The full, unanimous decision, along with Justice Alito’s lengthy concurrence, is found via this LINK:
14-10078 Caetano v. Massachusetts (PDF)
©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included. Link to Gun Watch
