Justice Stevens: No to Guns, Yes to Cell Phones
Posted on the 01 November 2012 by Mikeb302000
via Outdoor Life
Retired Supreme Court Justice John Paul Stevens says your right to
self-defense in your own home should be limited to a cellphone "at your
bedside."
Stevens, 92, served on the Supreme Court for 35 years before retiring
in 2010. A liberal jurist, Stevens wrote the dissenting opinions on
both the 2008 Heller ruling and the 2010 McDonald decision, both of
which were 5-4 affirmations that the Second Amendment protects an
individual's civil right to keep and bear arms.
"Maybe you have some kind of constitutional right to have a cell
phone with a pre-dialed 911 in the number at your bedside and that might
provide you with a little better protection than a gun which you’re not
used to using,” he said to laughter, according to an Oct. 16 article by
Reuters.
In addition to telling Americans to trade in their rifles
for cellphones, Stevens said the Heller and McDonald rulings leave room
for restrictions on the right to carry outside the home, bans on certain
styles of firearms, elimination of carry rights in "sensitive" places
and background-check requirements for private gun sales.
“The Second Amendment provides no obstacle to regulations prohibiting
the ownership or the use of the sorts of automatic weapons used in the
tragic multiple killings in Virginia, Colorado and Arizona in recent
years,” he said.
Stevens went on to say that the legal precedent for restricting gun
rights -- United States vs. Miller -- still stands, despite Heller and
McDonald rulings.
The 1939 Miller ruling limited "the scope of the Second Amendment to
the uses of arms that were related to military activities,” Stevens
said. “The Court did not overrule Miller. Instead it read Miller to say
only that the Second Amendment does not protect those weapons not
typically possessed by law-abiding citizens for lawful purposes, such as
short-barreled shotguns."
This interpretation of Miller is flawed, most legal scholars contend,
and was strongly rebuked by Justice Antonin Scalia's majority opinion
in Heller. Scalia described Stevens' argument as "simply wrong" because
he "flatly misreads the historical record" of the Second Amendment.
"In both of his dissents, Justice Stevens contended that the right to
keep and bear arms was limited to state militia service," said Alan
Gottlieb, chairman of the Citizens Committee for the Right to Keep and
Bear Arms. "It was, and remains, an astonishing position on a
fundamental civil right."