| > All 9 Supremes interpreted it as an individual right No. There were two dissents, one by Stevens, one by Breyer. From Wikipedia [0]: The Stevens dissent seems to rest on four main points of disagreement: that the Founders would have made the individual right aspect of the Second Amendment express if that was what was intended; that the "militia" preamble and exact phrase "to keep and bear arms" demands the conclusion that the Second Amendment touches on state militia service only; that many lower courts' later "collective-right" reading of the Miller decision constitutes stare decisis, which may only be overturned at great peril; and that the Court has not considered gun-control laws (e.g., the National Firearms Act) unconstitutional. The dissent concludes, "The Court would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons.... I could not possibly conclude that the Framers made such a choice." Justice Stevens' dissent was joined by Justices David Souter, Ruth Bader Ginsburg, and Stephen Breyer. Justice Breyer filed a separate dissenting opinion, joined by the same dissenting Justices, which sought to demonstrate that, starting from the premise of an individual-rights view, the District of Columbia's handgun ban and trigger lock requirement would nevertheless be permissible limitations on the right. You must be thinking of the Breyer dissent. Even that does not stipulate that the right is individual, but just argues that even if it is, the DC law was permissible. Even people who agree with you on the issue recognize that the Stevens dissent does not support an individual right [1]. [0] https://en.wikipedia.org/wiki/District_of_Columbia_v._Heller... [1] https://reason.com/blog/2010/06/28/justice-john-paul-stevens... |
Or to restate, it is my understanding that the dissents accept an "individual right" interpretation in some abstract sense before interpreting the whole as meaning nothing for individuals. Which I'll admit is a fine distinction, but this is from the group that finds a right to what they claim is privacy from the "penumbras" and "emanations" of explicit constitutional rights. So making find distinctions like I think I'm seeing, which don't really make any sense anyway is par for the course.