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Dissenting Justice in the Heller Case Now Argues for Repeal of the Second Amendment

Wednesday, March 28, 2018

Dissenting Justice in the Heller Case Now Argues for Repeal of the Second Amendment

In 2008, Supreme Court Justice John Paul Stevens was on the losing side of District of. Columbia v. Heller, the landmark Supreme Court case that clearly recognized the Second Amendment protects an individual right to keep and bear arms independent of service in an organized militia. Stevens wrote a lengthy dissent, insisting that the framers of the amendment showed not “the slightest interest in limiting any legislature's authority to regulate private civilian uses of firearms.” Years later, Stevens wrote a book which argued in favor of amending the Second Amendment to reverse the Heller decision and give his side the win. On Tuesday, however, Stevens dropped the pretense of believing the Second Amendment has any value at all, arguing in a New York Times editorial that the concerns which underlie the amendment are a “relic of the 18th century” and that it should be repealed in its entirety.

Stevens insisted that the “civic engagement” of “schoolchildren” participating in recent antigun demonstrations “demand[s] our respect.” Yet his “respect” for the protestors ironically does not extend to trusting their ability to exercise their own fundamental rights, as he immediately turned to endorsing several ambitious gun control proposals, including increasing the minimum age to buy a gun from 18 to 21 years. He also signaled his support for “prohibiting civilian ownership of semiautomatic weapons” and “establishing more comprehensive background checks on all purchasers of firearms.”   Stevens should perhaps be credited with being more intellectually honest and transparent than he has been in the past when he merely advocated for a narrow reading of the Second Amendment. Now he’s willing to admit he simply wants the amendment – and the right to individual and corporate defense that it serves – to go away altogether. 

Stevens, however, had some further advice for the young protestors, encouraging them to “seek more effective and more lasting reform” by demanding “a repeal of the Second Amendment.” It would, he noted, “move Saturday’s marchers closer to their objective than any other possible reform.”

What’s particularly notable about Stevens’s argument is how dismissive he remains about the Second Amendment’s existing individual right, viewing it as no bar to banning all modern firearms and as allowing for broad classes of Americans to be categorically banned from acquiring any firearm at all. 

But even that state of affairs is intolerable to him, because it still allows for the thought crime of believing the right to keep and bear arms has enduring value or any sort of instrumental role in limiting government authority. Worse still, the current status of the Second Amendment empowers the NRA in its advocacy and messaging efforts. 

What Steven wants, in other words, is to completely shut down – not just the substance of the right to keep and bear arms – but the very legitimacy of defending it as an American value 

As is often the case when gun control advocates feel emboldened, one of their more oblivious and politically inept standard bearers has embarrassed the whole movement by being too forthcoming about an “objective” still roundly rejected by a large majority of Americans.  After the Stevens editorial appeared, the Washington Post quickly reported on a February poll in which 60% of Americans opposed repealing the Second Amendment, a rate three times higher than for support of a repeal. Such a move is hardly the “simple” solution that Stevens portrays it to be.   As NRA-ILA Executive Director Chris Cox said in response to Stevens’s comments: “The men and women of the National Rifle Association, along with the majority of the American people and the Supreme Court, believe in the Second Amendment right to self-protection and we will unapologetically continue to fight to protect this fundamental freedom."

Indeed, within hours of the New York Times publishing the Stevens editorial, an article appeared in the Washington Post characterizing Stevens’s comments as “supremely unhelpfull” and proving that the Post’s writers aren’t wrong about everything.  “In one fell swoop,” the article laments, Stevens has lent credence to the talking point that the left really just wants to get rid of gun ownership and reasserted the need for gun-rights supporters to prevent his ilk from ever being appointed again (with the most obvious answer being: Vote Republican).”

We couldn’t have said it better ourselves.

Stories abound about some of the more overreaching and extreme views that were expressed during the antigun March in Washington. Yet while youthful calls for a “gun free world” can be chalked up to innocent idealism, no one can claim that a man who sat on the U.S. Supreme Court during the heyday of the handgun ban era and personally participated in the Heller case did not speak knowingly and deliberately. He was, in fact, simply expressing the prevailing opinion of the law’s liberal elite, however unartfully.

Stevens should perhaps be credited with being more intellectually honest and transparent than he has been in the past when he merely advocated for a narrow reading of the Second Amendment. Now he’s willing to admit he simply wants the amendment – and the right to individual and corporate defense that it serves – to go away altogether. 

He’s also right that this, ultimately, is the “objective” behind the long-standing movement that is lately receiving a boost from some well-meaning and earnest young activists.  

And whether gun owners hear it from a 17-year-old high school student or a 97-year-old retired Supreme Court Justice, they’d do well to listen carefully.  Today’s antigun advocacy merely foreshadows tomorrow’s abolition of your rights. 

That’s why the NRA will not yield real rights for symbolic measures that offer no public safety benefits. As NRA-ILA Executive Director Chris Cox said in response to Stevens’s comments: “The men and women of the National Rifle Association, along with the majority of the American people and the Supreme Court, believe in the Second Amendment right to self-protection and we will unapologetically continue to fight to protect this fundamental freedom."

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Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

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Monday, January 26, 2026

The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

On Tuesday, Jan. 20, the U.S. Supreme Court held oral arguments in a Second Amendment case that asked whether handgun carry licensees could be presumptively banned from carrying their arms onto publicly accessible private property. 

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

NRA Files Amicus Brief Urging Supreme Court to Strike Down Firearm Prohibition for Marijuana Users

Friday, January 30, 2026

NRA Files Amicus Brief Urging Supreme Court to Strike Down Firearm Prohibition for Marijuana Users

Today, the National Rifle Association, along with the Independence Institute and FPC Action Foundation, filed an amicus brief urging the U.S. Supreme Court to strike down the federal prohibition on firearm possession by marijuana users.

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

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Monday, January 26, 2026

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

On Jan. 22, ATF published an interim final rule (IFR) that revises the agency’s approach to determining who is an “unlawful user of or addicted to any controlled substance” and therefore prohibited from owning or receiving firearms ...

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

Arizona: Firearm Bills on the Move

Friday, January 16, 2026

Arizona: Firearm Bills on the Move

On Wednesday, January 21st, the Senate Committee on Public Safety will hold a hearing on Senate Bill 1058, regarding gun owner privacy. 

Oregon: Gun Control Scheduled for Day One of Session!

Saturday, January 31, 2026

Oregon: Gun Control Scheduled for Day One of Session!

On Monday, February 2nd, the Oregon Legislature will convene for the 2026 session, and gun control is already queued up for the first day of session.

New Mexico: Anti-Gun Legislation to be heard Wednesday in Senate Committee

Tuesday, January 27, 2026

New Mexico: Anti-Gun Legislation to be heard Wednesday in Senate Committee

Tomorrow, the New Mexico Senate Health & Public Affairs Committee is scheduled to hold a hearing on an omnibus gun control package that would severely undermine the Second Amendment rights of law-abiding New Mexicans and threaten ...

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.