Gun Control: Will proposals pass the Supreme Court?

07 Mar 2013

Individual rights under the Second Amendment have recently come into sharp focus. As Congress and state legislatures debate further gun control, U.S. Supreme Court and other senior judges have made a number of statements on either side of the debate. A significant lower court opinion came recently from Judge Posner in Chicago. On December 11, days before the Newtown slaughter, Posner struck down Illinois’ ban on carrying a “ready to use” gun in public. Posner’s opinion said little about individual rights under the Second Amendment or whether its authors may have intended the right to keep and bear arms to apply as expansively outside the home as inside it. He instead discussed whether or not gun control laws are effective, concluding that “the empirical literature on the effects of allowing the carriage of guns in public fails to establish a pragmatic defense of the Illinois law.” Posner went on to point out that ‘’the Supreme Court made clear in District of Columbia v. Heller that it wasn’t going to make the right to bear arms depend on casualty counts.” Gun crime in Chicago In fact, however, the Supreme Court should almost certainly uphold any of the…