Retired justice urges repeal of Second Amendment

The op-ed Republican former justice argues that the Second Amendment is outdated, has given lobbying groups like the National Riffle Association too much power and makes it too hard to pass effective gun legislation.

"It protects the preexisting right to use guns by members of a militia", Stevens said at the time.

In a Wednesday morning tweet President Donald Trump vowed to protect the Second Amendment.

McMahon told CBS News it's "very unlikely" that the Second Amendment could ever be repealed.

"The only reason why you'd want to repeal the Second Amendment is to enact a massive confiscation of already existing guns", Professor Josh Blackman of South Texas College of Law said.

While he was at it, the president also cited this year's elections for the Senate, which confirms judicial nominees: "We need more Republicans in 2018 and must ALWAYS hold the Supreme Court!" The amendment then has to be approved by three quarters of the states.

That changed in 2008, when the Supreme Court ruled in the case of District of Columbia v. Heller that there is an individual right to bear arms.


Stevens says the decision in that case, District of Columbia v. Heller, "has provided the N.R.A. with a propaganda weapon of huge power". His career, lasting for 35 years in total, is the third longest tenure of any justice.

According to The Cornell Law School Legal Information Institute, the debate hinges on whether or not the amendment was intended merely to provide for a defensive force, or was meant to grant to individuals the right to bear arms.

Allen noted that many gun control advocates argue that the nation's founders would never have foreseen the type of weaponry available for purchase nowadays.

When asked about the Second Amendment repeal, the Democrat said, "I don't think it's possible". And as we documented, there is bipartisan support in opinion polls for things like banning bump stocks, limiting high-capacity magazines and even putting restrictions on guns like the AR-15.

Stevens opinion piece could work against the ultimate goal of passing more realistic gun-control measures, The Post's Aaron Blake wrote.

Stinchfield's criticism of Stevens came four days after another NRATV host, Colion Noir, attacked the Parkland, Florida, teens leading the "March for Our Lives" in Washington on Saturday, telling them: "No one would know your names" if a student gunman hadn't stormed into their school and killed 17 people.

  • Tracy Klein