I recently read an
article on gun rights in
The Atlantic, issue of September 2011, which quoted the following statement, from a ruling by the Supreme Court of the United States:
2. Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. - Justice Antonin Scalia,
Dist. of Columbia v. Heller, June 26, 2008.
Here is the Court's ruling, written by Scalia, which includes this quotation. The ruling declared a gun law in the District of Columbia to be unconstitutional.
The article in
The Atlantic points out that Justice Scalia is not exactly the strict constructionist/originalist that he sometimes sounds like, and is often portrayed to be:
"This paragraph from the pen of Justice Scalia, the foremost proponent of constitutional originalism, was astounding. True, the Founders imposed gun control, but they had no laws resembling Scalia’s list of Second Amendment exceptions. They had no laws banning guns in sensitive places, or laws prohibiting the mentally ill from possessing guns, or laws requiring commercial gun dealers to be licensed. Such restrictions are products of the 20th century. Justice Scalia, in other words, embraced a living Constitution."
Interesting, at least to me. Thanks for reading!