Like the post title asks, which is it? Here is his dissenting opinion on this issue: Breyer noted, “countless gun regulations of many shapes and sizes are in place in every state and in many local communities.” He then catalogued some of the questions that will now arise as many of those laws are tested: “Does the right to possess weapons for self-defense extend outside the home? To the car? To work? What sort of guns are necessary for self-defense? Handguns? Rifles? Semi-automatic weapons? When is a gun semi-automatic? Where are different kinds of weapons likely needed? Does time-of-day matter? Does the presence of a child in the house matter? Does the presence of a convicted felon in the house matter? Do police need special rules permitting patdowns designed to find guns? When do registration requirements become severe to the point that they amount to an unconstiutional ban? Who can possess guns and of what kind? Aliens? Prior drug offenders? Prior alcohol abusers? How would the right interact with a state or local government’s ability to take special measures during, say, national security emergencies?…These are only a few uncertainties that quickly come to mind.”
Make up your own mind but this is the kind of activism that should not be allowed on the Supreme Court. I am of firm opinion that these Justices should not have lifetime appointments and should be limited to a finite term. Same goes for Congress. I for one will be pushing for these limits because the Founding Fathers never intended for these people to have lifetime positions.