The dandies at The New Yorker can’t seem to fathom that restricting Second Amendment rights to the point of preventing the city’s gun owners from transporting their firearms outside city limits is a radical impingement of an enumerated civil right. But the truth is beginning to dawn on them.
New York City is a strange and dangerous place, if the plaintiffs in a gun-control case that the Supreme Court has just agreed to hear are to be believed. The suit, which calls the city’s restrictions on transporting handguns through its streets “bizarre,” “irrational,” and “perverse,” was brought by the New York State Rifle & Pistol Association—the state affiliate of the National Rifle Association—along with two gun owners who live in the Bronx and one from Staten Island. The case is notable for reasons that go beyond its caricature of the city and its mores. To begin with, this will be the first time the Court seriously considers the Second Amendment since it adopted a radical view of gun rights in District of Columbia v. Heller…
It will also be the first opportunity for the Court’s newest member, Justice Brett Kavanaugh, to begin building what promises to be a disastrous pro-gun legacy. Heller, a 5–4 decision written by Justice Antonin Scalia, upended the way that generations of judges had read the Second Amendment, by recognizing a fundamental, individual right to bear arms, unconnected to a “well-regulated militia.”
Kavanaugh, though, in the wake of Heller, appears ready to toss out as many restrictions as he can. As an appeals-court judge, he wrote, in a 2011 dissent, that the District of Columbia should not be allowed to ban semi-automatic assault rifles, largely because they were “in common use.” He added that asking people to register their guns is unconstitutional.
– Amy Davidson Sorkin for The New Yorker, Will the Supreme Court Use a New York City Regulation to Strike Down Gun Laws?