Justice Stevens: Second Amendment is ‘no obstacle’ to banning automatic weapons [View all]

Retired Supreme Court Justice John Paul Stevens called for Congress to tighten gun laws in the wake of shootings such as the one that took place in Aurora, Colorado.

Stevens noted that the legal precedent for restricting gun rights — United States vs. Miller — still stands, despite the ruling in the 2005 Heller case that overturned the Washington, D.C., ban on owning handguns, even in one’s own home.

“Miller was generally understood to limiting the scope of the Second Amendment to the uses of arms that were related to military activities,” Stevens said today during a question-and-answer session after a speech today with the Brady Center to Prevent Gun Violence’s Legal Action Project. “The Court did not overrule Miller (in Heller). Instead it ‘read Miller to say only that the Second Amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes, such as short-barreled shotguns . . . Thus, the Second Amendment provides no obstacle to regulations permitting the ownership or the use of the sorts of the automatic weapons used in the tragic multiple killings in Virginia, Colorado, or Arizona in recent years.”

Stevens criticized Congress for failing to pass such laws.

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