Justice Scalia: ‘It Will Have to Be Decided’ Whether Gov’t Can Regulate Some Types of Guns
Conservative Supreme Court Justice Antonin Scalia on Sunday left open the possibility that some types of guns could be regulated by the government, such as assault weapons capable of holding 100 rounds of ammunition.
“What the opinion in Heller said is that it will have to be decided in future cases, what limitations upon the right to keep and bear arms are permissible,” Scalia said on “Fox News Sunday,” referring to the 2008 decision in District of Columbia v. Heller that protected the right to possess firearms.
“Some [limitations] undoubtedly are because there were some that were acknowledged at the time,” he continued. “There was a tort called a “frighting” which if you carried around a really horrible weapon just to scare people, like a head ax or something, that was I believe a misdemeanor. So yes there are some limitations that can be imposed, what they are will depend on what the society understood were reasonable limitations at the time.”
The 76-year-old justice declined to speculate on what that could mean specifically for certain high-powered weapons.
“We’ll see,” he said. “Obviously the amend does not apply to arms that cannot be carried — it’s to “keep and bear,” so it doesn’t apply to cannons, but I suppose there are handheld rocket launchers that can bring down airplanes that will have to — it’ll have to be decided.”
As a constitutional originalist, Scalia said those determinations will have to be made “very carefully” looking within the context of 18th-century history.
“My starting point and probably my ending point will probably be what limitations are within the understood limitations that the society had at the time,” he said. “They had some limitations on the nature of arms that could be borne.”
(h/t Drudge Report)
This post has been updated since it was first published.
- Obama Doesn’t Return Marine’s Salute, Shakes Hand Instead — Is This a Protocol Misstep? 433 Comments
- Church vs. State Complaint Leads City to Remove Christian Crosses on Water Tower — Now See What They’ve Been Replaced With 310 Comments
- ‘We Ain’t Scared of Nobody!’: New Documentary Claims to Show the KKK Thriving in Deep South 302 Comments
- Priest Gunned Down by Italian Mobsters Now Beatified Read More
- MSNBC Hosts Martin Bashir and Chris Hayes Claim London Machete Killers Aren’t Terrorists: ‘These Are Just Murderers’ 159 Comments
- Did You Catch the Possibly Policy-Changing Ft. Hood Reference in Obama’s Terror Speech? 102 Comments
- Have You Had Scotch at a NJ TGI Friday’s Lately? You Might Have Been Drinking Rubbing Alcohol Read More
- Venezuelan President Blames Toilet Paper Shortage on the Rich Read More
- This Terrible Chart Shows the Change in Food Stamp Participation Over the Last 10 Years Read More
- Disney Makes Absolutely Mortifying Photoshop Mistake Read More
- Trey Gowdy at It Again — This Time with a Jack Bauer Reference! 118 Comments
- LOOK: Woman Claims to Have Photographed UFO in California 111 Comments
- Lion Named ‘Bonedigger’ and Small Dog Make Most Unlikely Companions Read More
- Rocket Bike Sets Land Speed Record — and Uses a Fuel You Wouldn’t Expect Read More
- How 3D Printing Technology Created a Special Part for Baby’s Windpipe and Saved His Life Read More
- 6 Fascinating Spy Gadgets You’ll Probably Want (and Can Have) After Seeing Read More
- French soldier stabbed in throat outside Paris
- Thousands of bridges at risk of freak collapse
- UK police: 3 more men arrested in slaying of British soldier in London
- Graduates in tornado-raked Okla. town vow to stay
- Wright sets the LPGA pace in Bahamas
- Hezbollah chief commits to victory in Syria
- Suspected rebels kill 17, wound 24 in east India
- Kerry makes 1st official sub-Saharan Africa trip