I believe the Supreme Court’s review should not be limited to the construction of the Second Amendment. The court also should consider whether its enunciated constitutional right of privacy extends to an individual’s right to possess a handgun in his home.
The Supreme Court has held that the zone of privacy applies only to “fundamental” personal rights. Also, the privacy of one’s home has been particularly important to the court: thus, in Payton v. New York the court described the zone of privacy as unambiguously applying to an individual’s home.
Therefore, the Supreme Court should consider not only whether an individual’s right to possess a handgun in his home is expressly protected by the Second Amendment; but, in addition, whether the possession of a handgun within one’s home is a fundamental right protected under the court’s recognition of a zone of privacy.
The Second Amendment, gun control and the right of privacy
Originally published January 27, 2008