I just want to note here for those about to journey into this conversation, there’s a major hiccup that didn’t exist before. The Supreme Court placed an new expansive interpretation of the Second Amendment in the 2008 Heller case. This has significantly altered how the second amendment is read in the United States. So what may seem like “brain dead easy” things to do, likely cannot be done as they would be unconstitutional.
I say this because the question posed simply indicates “Present + Congress” which seems to imply, “which laws would you pass to fix gun control issues” and post-2008 that is no longer a thing. Any discussion needs to include at this point a conversation about the Supreme Court, the new understanding of the 2nd Amendment, and that the Justices currently on the bench will likely enforce their new expansive interpretation for their term on the court (which is a lifetime appointment).
We are now at a point that we cannot fix this issue without a Constitutional Amendment, a reorganization of the Supreme Court (packing, impeachment, etc), an incredibly careful tip-toe around this new understanding of the second amendment, and/or talking about the underlying issues that surround gun reform (economic and societal issues).
And we are seeing the consequences of Heller in things like 2022 Bruen which SCOTUS indicated that a “historic standard” should be applied to new gun regulation. This has lead to US v Rahimi where the Court of Appeals for 5th Circuit has removed the Federal protection that folks charged with domestic violence can still obtain a gun as “domestic violence” had no historical standard on which to base on. Which is an absolute astonishing level of logic there.
We are no longer at a phase where legislation alone along the strict lines of “just gun reform”, this new understanding of the second amendment has forever (or at least as long as those Justices sit the bench) altered how we can approach this issue. We cannot just simply say, “let us figure out ways to regulate gun ownership in itself” that is no longer allowed. We can approach the issue indirectly: how do we increase the cost of Interstate gun ownership, how do we regulate the the dissemination of ammunition, how do we address the various issues that draw people into violent crime, how do we address the issue of school shootings at an societal level. But we have been cut off from direct approaches that regulate guns themselves except in the most extreme cases and even then, advocates are continually being handed new tools by the Supreme Court to bring about new challenges for those.
Any meaningful debate about gun control needs to include the Supreme Court. Because given the current Court’s propensity to expand gun rights and the understanding of the second amendment, any law that might get introduced to fix the issue today, could and very likely would be overturned by the court. This has become a new chess piece in this game to be considered since 2008, prior yes this could have been a Congress and President issue alone, but post-2008, the Courts must be considered in the discussion. The Supreme Court too strongly embraces the new understanding of the second amendment to let any direct law be allowed to go unchallenged.
I wrote a big comment about this and deleted it. But I agree. Nothing will change without either a) different SCOTUS. or b) dramatic change in public opinion in rural states. I really think it would take an Amendment, which requires not just a majority in Congress, but a persistent majority of the population in a super-majority of states.
I just want to note here for those about to journey into this conversation, there’s a major hiccup that didn’t exist before. The Supreme Court placed an new expansive interpretation of the Second Amendment in the 2008 Heller case. This has significantly altered how the second amendment is read in the United States. So what may seem like “brain dead easy” things to do, likely cannot be done as they would be unconstitutional.
I say this because the question posed simply indicates “Present + Congress” which seems to imply, “which laws would you pass to fix gun control issues” and post-2008 that is no longer a thing. Any discussion needs to include at this point a conversation about the Supreme Court, the new understanding of the 2nd Amendment, and that the Justices currently on the bench will likely enforce their new expansive interpretation for their term on the court (which is a lifetime appointment).
We are now at a point that we cannot fix this issue without a Constitutional Amendment, a reorganization of the Supreme Court (packing, impeachment, etc), an incredibly careful tip-toe around this new understanding of the second amendment, and/or talking about the underlying issues that surround gun reform (economic and societal issues).
And we are seeing the consequences of Heller in things like 2022 Bruen which SCOTUS indicated that a “historic standard” should be applied to new gun regulation. This has lead to US v Rahimi where the Court of Appeals for 5th Circuit has removed the Federal protection that folks charged with domestic violence can still obtain a gun as “domestic violence” had no historical standard on which to base on. Which is an absolute astonishing level of logic there.
We are no longer at a phase where legislation alone along the strict lines of “just gun reform”, this new understanding of the second amendment has forever (or at least as long as those Justices sit the bench) altered how we can approach this issue. We cannot just simply say, “let us figure out ways to regulate gun ownership in itself” that is no longer allowed. We can approach the issue indirectly: how do we increase the cost of Interstate gun ownership, how do we regulate the the dissemination of ammunition, how do we address the various issues that draw people into violent crime, how do we address the issue of school shootings at an societal level. But we have been cut off from direct approaches that regulate guns themselves except in the most extreme cases and even then, advocates are continually being handed new tools by the Supreme Court to bring about new challenges for those.
Any meaningful debate about gun control needs to include the Supreme Court. Because given the current Court’s propensity to expand gun rights and the understanding of the second amendment, any law that might get introduced to fix the issue today, could and very likely would be overturned by the court. This has become a new chess piece in this game to be considered since 2008, prior yes this could have been a Congress and President issue alone, but post-2008, the Courts must be considered in the discussion. The Supreme Court too strongly embraces the new understanding of the second amendment to let any direct law be allowed to go unchallenged.
I wrote a big comment about this and deleted it. But I agree. Nothing will change without either a) different SCOTUS. or b) dramatic change in public opinion in rural states. I really think it would take an Amendment, which requires not just a majority in Congress, but a persistent majority of the population in a super-majority of states.