But gun control advocates need to be realistic. The Heller decision, no matter how misguided, is itself “settled law,” and the current composition of the Supreme Court will defeat any challenge to its sweeping, if limited, mandate. In addition, Congress is demonstrably hogtied by the National Rifle Assn., and even though many states (Colorado, Connecticut and New York among them) have tightened gun ownership laws since the massacres in Newtown, Aurora and Tucson, another half a dozen are trying the nullification gambit.
Given all this, the only alternative is to go back to “the people” themselves, where there remains good reason to believe a clear majority wants sensible reform at odds with the agenda of the NRA and the nullifiers. Remember: As 2013 began, an astonishing 89% of voters, including 75% of NRA members, were in favor of expanded background checks, and sizable majorities favored a ban on sales of semiautomatic weapons. Months later, polls still find most Americans are in favor of checks, “assault rifle” bans and restrictions on who is allowed to purchase guns.
The terms of a national discussion would no doubt include the gun violence tragedies we’ve faced, but it should also focus on the legal core of the gun rights issue: the 2nd Amendment and the Heller decision. These two tools, so often used to fight gun control, can and should be used to affect reasonable reform.
The intent of the founders needs to be heard and understood.
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