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Argument: A constitutional right to bear arms is not subject to reasonableness standards
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- Oral arguments in DC vs. Heller. March 19th, 2008 - "JUSTICE SOUTER: They may be. I just want to make sure you're not making the argument that because there was not a comparable homicide rate, or for that matter, a comparable need for self-defense from handgun use in 1792, that there -- 1790 -- that therefore, the statistics of today may not be considered? You're not making that argument?
- MR. GURA: No, Your Honor, the fact is that we can always debate these things, but the object of the Bill of Rights is to remove certain judgments from the legislature, because we can make policy arguments, normative arguments about many provisions of the Constitution. But to make those arguments and say, well, we've decided as a matter of policy that the right to keep and bear arms is no longer a good idea and, therefore, we are going to have restrictions that violate that stricture in the Bill of Rights, that shouldn't pass judicial review. At some point you have to go to Article 5 if you think that the Constitution is impractical."
