From the beginning, the battle for gun rights was structured as a three-step process. Step 1: Determine the meaning of the Second Amendment. That was accomplished by the U.S. Supreme Court’s decision in District of Columbia v. Heller, which affirmed that the Second Amendment secures an individual right to bear arms, in part for self-defense. Step 2: Determine where the Second Amendment applies. That was accomplished by the Court’s decision in McDonald v. Chicago, which affirmed that the amendment covers every state and locality—not just federal enclaves such as Washington. Step 3: Determine the scope and limitations of Second Amendment rights. That’s the next major task.
As co-counsel to Dick Anthony Heller, I was a vigorous advocate for the right to possess firearms for self-defense. But I understand, as does every rational individual, that the right is not absolute. The Second Amendment does not guarantee a 12-year-old’s right to possess a machine gun in front of the White House when the president is walking on the lawn. Some persons, some weapons and some circumstances may be regulated. Subsequent cases will have to flesh out the details. But the Constitution does not foreclose common sense and the right to bear arms does not foreclose public safety. Reasonable persons should be able to fashion reasonable restrictions—a framework for gun control in the aftermath of Newtown—without violating core Second Amendment rights.
