Does Hillary Clinton Want to Take Away All Your Guns?

For indispensable reporting on the coronavirus crisis, the election, and more, subscribe to the Mother Jones Daily newsletter.


Charles Cooke says that Hillary Clinton really does want to gut the Second Amendment:

Before he made his reprehensible “Second Amendment people” joke yesterday, Donald Trump said once again that Hillary Clinton wants “to abolish, essentially abolish the Second Amendment.”

Whenever Trump says this the press works itself up into a tizzy, the typical response being that Trump is “wrong” to make this claim because a) Clinton has not explicitly called for a constitutional amendment to neutralize the Second Amendment, and/or b) she has said “no more” than that the Heller decision was wrongly decided. But both of these positions are too clever by half.

….Americans have enjoyed the right to keep and bear arms for all of their history. Should Hillary get her way, that right would disappear (at least legally), and the government would be freed up to make any policy choice it wished — including a total ban. Who can say with a straight face that this wouldn’t be “to abolish, essentially abolish the Second Amendment”? Who can claim without laughing that a reversal of Heller wouldn’t render the right a dead letter?

Let me get this straight. Cooke says that for the entire 221 years before Heller, Americans enjoyed the right to keep and bear arms. But if Heller were overturned, it would render the Second Amendment a dead letter. What?

Hillary Clinton would clearly prefer to regulate gun ownership more than Cooke would like. That’s fair enough. And I’m actually somewhat sympathetic to the claim that the Second Amendment guarantees an individual right to own guns. But that right—as Cooke admits—managed to thrive during the entire two-century period before the Supreme Court got around to actually saying anything about it in 2008. So why would the Second Amendment suddenly go up in smoke if we returned to pre-Heller jurisprudence? It is a mystery.

UPDATE: Cooke objected to my original lede about Hillary taking away your guns, so I’ve changed it.

More substantively, based on reaction to this post, there’s a general belief that if the Supreme Court overturned Heller, the individual right to own a gun would be dead. But that’s nowhere near true. There’s a very wide spectrum of decisions the court could hand down, and it would be very unusual indeed for them to write an opinion that flatly ended gun ownership as an individual right. It’s almost certain that they would merely move the goalposts a bit, setting up some kind of balancing test that would preserve the individual right in some (or all) cases but would also put some boundaries on it—as they have for every other right in the Constitution.

If you’re in favor of an absolute, unfettered right to bear arms, that’s fine. I disagree, but it’s fine. However, you simply can’t say that the right is all or nothing. The Supreme Court virtually never takes that approach. Two centuries of both gun ownership and Supreme Court jurisprudence suggests very strongly that if they overturn Heller, they’ll do nothing more than choose a modestly different middle ground.

DOES IT FEEL LIKE POLITICS IS AT A BREAKING POINT?

Headshot of Editor in Chief of Mother Jones, Clara Jeffery

It sure feels that way to me, and here at Mother Jones, we’ve been thinking a lot about what journalism needs to do differently, and how we can have the biggest impact.

We kept coming back to one word: corruption. Democracy and the rule of law being undermined by those with wealth and power for their own gain. So we're launching an ambitious Mother Jones Corruption Project to do deep, time-intensive reporting on systemic corruption, and asking the MoJo community to help crowdfund it.

We aim to hire, build a team, and give them the time and space needed to understand how we got here and how we might get out. We want to dig into the forces and decisions that have allowed massive conflicts of interest, influence peddling, and win-at-all-costs politics to flourish.

It's unlike anything we've done, and we have seed funding to get started, but we're looking to raise $500,000 from readers by July when we'll be making key budgeting decisions—and the more resources we have by then, the deeper we can dig. If our plan sounds good to you, please help kickstart it with a tax-deductible donation today.

Thanks for reading—whether or not you can pitch in today, or ever, I'm glad you're with us.

Signed by Clara Jeffery

Clara Jeffery, Editor-in-Chief

payment methods

We Recommend

Latest