Antonin Scalia on Gun Control
Supreme Court Justice (nominated by Pres. Reagan 1986)
Second, the opinion also held that Second Amendment rights are not unlimited. Justice Scalia went out of his way to declare longstanding laws that prohibit possession of firearms by felons and the mentally ill; that forbid guns in sensitive places such as schools and government buildings; that impose conditions and qualifications on the commercial sale of arms; and that restrict the right to carry any weapon whatsoever in any manner whatsoever and for whatever purpose, are still valid and enforceable.
Petitioner’s prior convictions qualify as violent felonies only if the “restoration of his civil rights” by operation of Massachusetts law “expressly provided that petitioner may not possess firearms.“ In 1994, [that was not so]. To the contrary: Petitioner was permitted to possess shotguns, rifles, and handguns. Indeed, Massachusetts provided petitioner with a firearm identification card that enabled him to possess such firearms.
The Court rejects this on the basis of ”a likely, and rational, congressional policy“ of prohibiting firearms possession by all ex-felons whose ability to possess certain firearms is in any way restricted by state law. I respectfully dissent.
Overturning DC's handgun ban, the court ruled that the Second Amendment protects the individual right to own a gun for private use--not only in connection with service in a militia. The 5-to-4 decision, District of Columbia v. Heller, left unanswered questions, but also much room for continued gun regulation, short of an absolute ban.
|Other Justices on Gun Control:||Antonin Scalia on other issues:|
Samuel Alito(since 2006)
Stephen Breyer(since 1994)
Ruth Bader Ginsburg(since 1993)
Elena Kagan(since 2010)
Anthony Kennedy(since 1988)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)
Merrick Garland(nominated 2016)
John Paul Stevens(1975-2010)
Sandra Day O'Connor(1981-2006)
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