Retired Supreme Court Justice John Paul Stevens argues for the repeal of the Second Amendment

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published 27 March 2018

Retired Supreme Court Justice John Paul Stevens called for the Second Amendment to be repealed in a condemnatory op-ed published in The New York Times on Tuesday. "Concern that a national standing army might pose a threat to the security of the separate states led to the adoption of that amendment," writes Stevens, adding: "Today that concern is a relic of the 18th century."

Stevens, the third longest serving justice who was on the liberal side of the court at the time of his retirement in 2010, naturally built his argument off legal precedent. "In 1939 the Supreme Court unanimously held that Congress could prohibit the possession of a sawed-off shotgun because that weapon had no reasonable relation to the preservation or efficiency of a 'well regulated militia,'" he points out.

Stevens goes on to cite a 2008 Supreme Court case, District of Columbia v. Heller, which redefined the Second Amendment's reach and which Stevens remains "convinced was wrong." He argues that "overturning that decision via a constitutional amendment to get rid of the Second Amendment would be simple and would do more to weaken the NRA's ability to stymie legislative debate and block constructive gun control legislation than any other available option." Read Stevens' full argument at The New York Times.