….there were legal precedents from the days of the Founding Fathers that banned frightening weapons which a constitutional originalist like himself must recognize. There were also “locational limitations” on where weapons could be carried, the justice noted.
Justice Antonin Scalia, one of the Supreme Court’s most vocal and conservative justices, said on Sunday that the Second Amendment leaves room for U.S. legislatures to regulate guns, including menacing hand-held weapons.
“It will have to be decided in future cases,” Scalia said on Fox News Sunday. But there were legal precedents from the days of the Founding Fathers that banned frightening weapons which a constitutional originalist like himself must recognize. There were also “locational limitations” on where weapons could be carried, the justice noted.
(RELATED: 3 Steps Obama Can Take on Gun Control)
When asked if that kind of precedent would apply to assault weapons, or 100-round ammunition magazines like those used in the recent Colorado movie theater massacre, Scalia declined to speculate. “We’ll see,” he said. ‘”It will have to be decided.”
As an originalist scholar, Scalia looks to the text of the Constitution—which confirms the right to bear arms—but also the context of 18th-century history. “They had some limitations on the nature of arms that could be borne,” he told host Chris Wallace.
In a wide-ranging interview, Scalia also stuck by his criticism of Chief Justice John Roberts and the majority opinion in the ruling that upheld the Affordable Care Act this summer. “You don’t interpret a penalty to be a pig. It can’t be a pig,” said Scalia, of the court’s decision to call the penalty for not obtaining health insurance a tax. “There is no way to regard this penalty as a tax.”
Scalia, a septuagenarian, said he had given no thought to retiring. “My wife doesn’t want me hanging around the house,” he joked. But he did say he would try to time his retirement from the court so that a justice of similar conservative sentiments would take his place, presumably as the appointee of a Republican president. “Of course I would not like to be replaced by somebody who sets out immediately to undo” what he has spent decades trying to achieve, the justice said.
Supreme Court Decides Second
Washington, D. C. ban on the private possession of handguns.
Justice Scalia authors majority opinion.
In District of Columbia v. Heller (2008) the Court considered the following question:
1) Do D.C. Code Section 7-2502.02(a)(4), which generally bars the registration of handguns;
2) Section 22-4504(a), which bars carrying a pistol without a license;
3) Section 7-2507.02, which requires that all lawfully owned firearms be kept unloaded and disassembled or bound by a trigger lock, violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?
The Court concluded that the Second Amendment does establish an individual right to keep and bear arms for self-defense and hunting. The Court concluded that the D.C. gun ban could not stand. At the same time, the Court recognized that the government can regulate gun rights. The Court said its decision should not be interpreted to question the right of government to:
A) prohibit felons and the mentally ill from owning weapons,
B) prohibit guns in schools or public buildings,
C) ban certain categories of guns not commonly used for self-defense, and to establish certain other conditions on gun ownership.
- 130 Members Of Congress Tell Obama & Clinton To Back Off On The U.N. Arms Trade Treaty ~ Water More Deadly Than Guns!
- Ron Paul ~ Security and Self-Governance: 2nd. Amendment Over-rides International Treaty!
- England’s Gun Ban Created More Batmans ~ In Fact 40% More: Handguns Were Banned Following The U.K. Dunblane Massacre
- Scalia Defends Citizens United, Arizona Immigration Decision (legaltimes.typepad.com)
- Justice Scalia Disputes Accuracy Of ‘Leak’ (npr.org)
- Justice Antonin Scalia Explains His Legal Philosophy In Wide-Ranging Interview With Piers Morgan (mediaite.com)
- Justice Antonin Scalia: No “falling out” with Chief Justice John Roberts – CBS News (cbsnews.com)
- In The Commission Of Sedition/Treason Against The 2nd. Amendment: A Call To Arraign Deadbeats Hillary Clinton & Barry Soetoro ~ A U.N. Or Any International “Treaty” Is Meaningless Against The Second Amendment!
- United States Constitution Prohibits Plenary Taxation: Obamacare Cannot Constitutionally Be A Tax ~ States Will Ignore Corrupt SCOTUS Opinion.
- U.S. Soldiers Need To Stand Down On Illegal Foreign Invasions: Federal Mutiny Committed Against The United States