Gun safety advocates rally in front of the U.S. Supreme Court before during oral arguments in a Second Amendment on Dec. 2, 2019 in Washington, D.C.
whether a drug dealer in Texas with a history of armed violence is entitled to own a gun under the Second Amendment.is the latest in a series of cases that have transformed the legalities of gun ownership in America. Beginning within 2008, the Court has interpreted a phrase long-understood as protecting the state militias as conferring a personal right to own a gun. It was, wrote Justice Paul Stevens in awas just the start.
Keeping the peace was the first duty of government, and a well-regulated militia was the appointed means—no small matter, in an age before professional police forces. It was the work of the militias, wrote one of the most eloquent advocates of the Second Amendment, “to provide for the protection and defense of the citizen against the hand of private violence, and the wrongs done or attempted by individuals to each other.
The right to keep and bear arms, then, was the antithesis of the modern concept of an individual entitlement. The right enshrined by the Second Amendment was the right of the states to provide protection against domestic and foreign violence for all members of the community. It had nothing to do with individual gun rights — except to protect people from those who would claim such prerogatives. And for most of America’s history, this precept was well understood.
The point was made even more sharply in Texas, where gun toting Confederate veterans unleashed a wave of terror in the decade after the Civil War. The world had seen too much blood shed in “the name of natural or personal liberty,” declared the state Supreme Court in 1872. This wild and dangerous freedom, explained the judge, was “exchanged under the social compact of States, for civil liberty”—a very different animal.
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