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The Twilight of the Gun-Control Movement

2nd Amend.

The Twilight of the Gun-Control Movement

We’ve had a generation or two of lawmakers — at first in both parties, then increasingly concentrated in the Democratic party — who believed that the Second Amendment was optional.
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The Cato Institute’s Walter Olson sums up why yesterday’s U.S. District Court decision is a big deal:

California law forbids the carrying of firearms in public places without a license and provides that the issuance of such a license requires “good cause.” San Diego County, as part of its implementation of that law, has set a number of restrictive policies on what it will consider good cause, which must be exceptional circumstances (“distinguish[ed] . . . from the mainstream”), and it specifies that concern for “one’s personal safety alone is not considered good cause.” . . .

But it went on, quoting McDonald, to get at the wider constitutional issue (footnotes omitted):

We are well aware that, in the judgment of many governments, the safest sort of firearm-carrying regime is one which restricts the privilege to law enforcement with only narrow exceptions. Nonetheless, “the enshrinement of constitutional rights necessarily takes certain policy choices off the table. . . . Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court [or ours] to pronounce the Second Amendment extinct.” Nor may we relegate the bearing of arms to a “second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees that we have held to be incorporated into the Due Process Clause.”

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