The Supreme Court's gun ruling admitted originalism's problems

Last Friday, the Supreme Court confirmed what common sense suggests should be true: In United States v. Rahimi, the court ruled 8-1 that a federal law restricting domestic violence offenders subject to restraining orders from possessing guns does not violate the Second Amendment. This was never in doubt until two years ago, when the court declared in New York State Rifle & Pistol Association v.

To prove that laws could aim to prevent individuals from committing gun violence, the court focused on a 1795 Massachusetts law that required potentially dangerous people to post a bond and promise to behave themselves. And to show that laws could punish gun violence, the court pointed to 18th-century laws that made “riding or going armed, with dangerous or unusual weapons, to terrify the good people of the land” a crime punishable by forfeiture of the weapons and jail time.

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