District of Columbia v. Heller
Since the passage of the Brady Handgun Violence Prevention Act, which mandated background checks for gun purchases from licensed dealers, the debate on gun control has changed dramatically.
This is partially due to the actions of the Supreme Court, which departed from its past stance on the Second Amendment with its verdicts in two major cases, District of__Columbia v. Heller (2008) and McDonald v. Chicago (2010).
For a long time, the federal judiciary held the opinion that the Second Amendment remained among the few provisions of the Bill of Rights that did not fall under the due process clause of the 14th Amendment, which would thereby apply its limitations to state governments. For example, in the 1886 case Presser v. Illinois, the Court held that the Second Amendment applied only to the federal government, and did not prohibit state governments from regulating an individual’s ownership or use of guns.
But in its 5-4 decision in District of Columbia v. Heller, which invalidated a federal law barring nearly all civilians from possessing guns in the District of Columbia, the Supreme Court extended Second Amendment protection to individuals in federal (non-state) enclaves.
Writing the majority decision in that case, Justice Antonin Scalia lent the Court’s weight to the idea that the Second Amendment protects the right of individual private gun ownership for self-defense purposes.
McDonald v. Chicago
Two years later, in McDonald v. Chicago, the Supreme Court struck down (also in a 5-4 decision) a similar citywide handgun ban, ruling that the Second Amendment applies to the states as well as to the federal government.
In the majority ruling in that case, Justice Samuel Alito wrote: “Self-defense is a basic right, recognized by many legal systems from ancient times to the present day, and in Heller, we held that individual self-defense is ‘the central component’ of the Second Amendment right.”
Gun Control Debate
The Supreme Court’s narrow rulings in the Heller and McDonald cases left open many key issues in the gun control debate.
In the Heller decision, the Court suggested a list of “presumptively lawful” regulations, including bans on possession of firearms by felons and the mentally ill; bans on carrying arms in schools and government buildings; restrictions on gun sales; bans on the concealed carrying of weapons; and generally bans on weapons “not typically possessed by law-abiding citizens for lawful purposes.”
Mass Shootings
Since that verdict, as lower courts battle back and forth on cases involving such restrictions, the public debate over Second Amendment rights and gun control remains very much open, even as mass shootings became an increasingly frequent occurrence in American life.
To take just three examples, the Columbine Shooting, where two teens killed 13 people at Columbine High School, prompted a national gun control debate. The Sandy Hook shooting of 20 children and six staff members at the Sandy Hook Elementary School in Newtown, Connecticut in 2012 led President Barack Obama and many others to call for tighter background checks and a renewed ban on assault weapons.
And in 2017, the mass shooting at country music concert in Las Vegas in which 60 people died (to date the largest mass shooting in U.S. history, overtaking the 2016 attack on the Pulse nightclub in Orlando, Florida) inspired calls to restrict sales of “bump stocks,” attachments that enable semiautomatic weapons to fire faster.
On the other side of the ongoing debate of gun control measures are the NRA and other gun rights supporters, powerful and vocal groups that views such restrictions as an unacceptable violation of their Second Amendment rights.
Sources