Gun Control Is Unconstitutional, Except It Isn't

From Think Progress:

HOST: You are a fierce defender of Second Amendment rights…. is there any new gun control that you would accept?

[Senator Ted] CRUZ: The reason we are discussing this is because of the the tragedy in Newtown. And every parent, my wife and I we have two girls aged four and two, every parent was horrified at what happened there. To see 20 children, six adults senselessly murdered it takes your breath away. But within minutes, we saw politicians run out and try to exploit and push their political agenda of gun control. I do not support their gun control agenda for two reasons. Number one, it is it unconstitutional.

The right to bear arms is protected by the Second Amendment, but it is not absolute and lawmakers have introduced a series of common-sense restrictions. For instance, in the Heller case, the Supreme Court found that while a handgun ban is not constitutional, because handguns are in “common use,” a machine gun is not and therefore could be restricted. An assault weapon equipped with a clip that can shoot hundreds of rounds would likely fall into the same category. As conservative Justice Antonin Scalia wrote, “the Second Amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes, such as short-barreled shotguns.”

Even ultra-conservative Antonin Scalia says some gun laws are totally constitutional. When you are to the right of Scalia, consider yourself a wing-nut.

Freedom of speech is not absolute. There are laws against slander, libel, defamation of character, etc. You can not yell fire in a crowded theatre (unless there is an actual fire). Likewise, there is not an absolute right to have whatever weapon you want. Saying you are for gun control is not the same as saying you are for a 100% ban on 100% percent of guns in 100% of situations. There are some people who should not have guns (i.e. convicted violent felons), there are some guns that should not be in civilian hands, and there are some reasonable restrictions that reasonable people should be able to talk about and enact. REASONABLE people get this. Unfortunately, not everyone is reasonable.