U.S. News

Ex-Supreme Court Justice John Paul Stevens: End Second Amendment

By Susan McFarland   |   March 27, 2018 at 12:20 PM
A student of Marjory Stoneman Douglas High School holds a sign Saturday during the March for Our Lives rally in Washington, D.C. Hundreds of thousands rallied in the nation's capital to demand action to end gun violence. Photo by David Tulis/UPI Retired Supreme Court Justice John Paul Stevens on Tuesday wrote in The New York Times that the Second Amendment -- the right to bear arms -- should be repealed to mitigate gun violence in the United States. File Pool Photo by J. Scott Applewhite/UPI A marcher holds a sign at the March for Our Lives demonstration in New York City on Saturday. Hundreds of thousands participated in rallies to call for an end to gun violence. Photo by John Angelillo/UPI Sir Paul McCartney and Nancy Shevell listen to speakers at the March for Our Lives demonstration in New York City Saturday. Hundreds of thousands marched in rallies nationwide. Photo by John Angelillo/UPI A man holds a peace flag during the March for Our Lives rally on Saturday in Washington, D.C. Photo by David Tulis /UPI Participants of the March for Our Lives rally walk down Pennsylvania Avenue Saturday in Washington, D.C. Photo by Mark Wallheiser /UPI Protesters hold signs during the March for Our Lives rally on Saturday in Washington, D.C. Photo by David Tulis/UPI

March 27 (UPI) -- Former Supreme Court Justice John Paul Stevens weighed in on gun violence in the United States Tuesday, by calling for the end of the Second Amendment -- the guaranteed right to bear arms.

In an op-ed published in The New York Times, Stevens said the students and demonstrators who demonstrated over the weekend should seek a repeal of the controversial constitutional amendment.

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"That simple but dramatic action would move Saturday's marchers closer to their objective than any other possible reform," Stevens wrote. "It would eliminate the only legal rule that protects sellers of firearms in the United States -- unlike every other market in the world. It would make our schoolchildren safer than they have been since 2008 and honor the memories of the many, indeed far too many, victims of recent gun violence."

The former justice said the Second Amendment has been misinterpreted for decades and extended beyond its original intent, which was to enable citizens to form militias in the face of potential government tyranny. He said repealing the provision would reduce gun violence.

Stevens -- a Republican appointed to the bench by President Gerald Ford who served from 1975 until his retirement in 2010 -- referred to his dissent with the high court's opinion in District of Columbia v. Heller, a 2008 case that ultimately upheld an individual's right to possess a firearm for home self-defense.

"That decision -- which I remain convinced was wrong and certainly was debatable -- has provided the [National Rifle Association] with a propaganda weapon of immense power," Stevens wrote.

The former justice has received some pushback over his controversial viewpoint.

"You may have been a Supreme Court Justice and I may just be a small voice for freedom but you sir should be ashamed of yourself," NRA television host Grant Stinchfield said. "Your words and ultimate wish list is a disgrace to America."

"Stevens has a right to express his views even though wrong," Senator John Cornyn, R-Texas, tweeted.

Adam Winkler, a UCLA law professor, argued that such a repeal would do little to change U.S. gun laws, especially in states that are resistant to gun control.

"The Second Amendment is not a barrier to enacting good gun laws," he wrote. "The NRA is. It's the politics of guns that control our gun laws, not the law of the Second Amendment."

Earlier this month, the Department of Justice announced a series of actions intended to support President Donald Trump's plan to prevent school shootings.

The package of directives focuses on enforcing laws already in place and asks states and other federal agencies to help strengthen the firearm purchase background check system.