Friday, June 13, 2008

What Gun Control and Abortion Have in Common

This story regarding the Washington, D.C. gun ban case got me to thinking about the parallels between those fighting to ban guns and those wanting to end abortion on demand.

The nation's leading gun control group filed a "friend of the court" brief back in January defending the gun ban in Washington, D.C. But with the Supreme Court poised to hand down a potentially landmark decision in the case, the Brady Campaign to Prevent Gun Violence fully expects to lose.

"We've lost the battle on what the Second Amendment means," campaign president Paul Helmke told ABC News. "Seventy-five percent of the public thinks it's an individual right. Why are we arguing a theory anymore? We are concerned about what we can do practically."

While the Brady Campaign is waving the white flag in the long-running debate on whether the Second Amendment protects an individual's right to bear arms or merely a state's right to assemble a militia, it is hoping that losing the "legal battle" will eventually lead to gun control advocates winning the "political war..."

If the Supreme Court strikes down the D.C. gun ban, the Brady Campaign is hoping that it will reorient gun control groups around more limited measures that will be harder to cast as infringements of the Second Amendment.

"The NRA [National Rifle Association] won't have this fear factor," Helmke said.

Brady Campaign Attorney Dennis Henigan said there are multiple gun control measures that would not run afoul of a Supreme Court decision striking down the D.C. gun ban.

"Universal background checks don't affect the right of self-defense in the home. Banning a super dangerous class of weapons, like assault weapons, also would not adversely affect the right of self-defense in the home," said Henigan. "Curbing large volume sales doesn't affect self-defense in the home."

Supreme Court decisions force losing groups to recast their arguments on a smaller, more palatable scale. So, just as with pro-life supporters, who, since Casey, have attacked abortion on demand peripherally, those wanting to ban guns will have to do the same. Expect more of a fight for the hearts and minds of Americans.