John Paul Stevens: Repeal the Second Amendment

During the years when Warren Burger was our chief justice, from 1969 to 1986, no judge, federal or state, as far as I am aware, expressed any doubt as to the limited coverage of that amendment. When organizations like the National Rifle Association disagreed with that position and began their campaign claiming that federal regulation of firearms curtailed Second Amendment rights, Chief Justice Burger publicly characterized the N.R.A. as perpetrating one of the greatest pieces of fraud, I repeat the word fraud, on the American public by special interest groups that I have ever seen in my lifetime.

In 2008, the Supreme Court overturned Chief Justice Burgers and others long-settled understanding of the Second Amendments limited reach by ruling, in District of Columbia v. Heller, that there was an individual right to bear arms. I was among the four dissenters.

That decision which I remain convinced was wrong and certainly was debatable has provided the N.R.A. with a propaganda weapon of immense power. Overturning that decision via a constitutional amendment to get rid of the Second Amendment would be simple and would do more to weaken the N.R.A.s ability to stymie legislative debate and block constructive gun control legislation than any other available option.

That simple but dramatic action would move Saturdays marchers closer to their objective than any other possible reform. It would eliminate the only legal rule that protects sellers of firearms in the United States unlike every other market in the world. It would make our schoolchildren safer than they have been since 2008 and honor the memories of the many, indeed far too many, victims of recent gun violence.

An earlier version of a picture caption with this article misidentified the 18th-century firearm depicted. It is a musket, not a rifle.

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John Paul Stevens: Repeal the Second Amendment

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