The Supreme Court is poised to forbid cities and states from banning handguns, bringing an anticlimactic end to a political firefight that petered out decades ago.
Court watchers expect the ruling in McDonald v. City of Chicago to have little immediate policy impact outside the Windy City. And the ruling is unlikely to alter the policy agenda of gun control advocates, who haven't pushed handgun bans for 30 years or more.
But the ruling could open the door for a long-overdue public reckoning about the place of firearms in civil society. Such a debate is especially timely as gun rights advocates increasingly exert their political muscle by staging armed "musters" -- or assemblies -- in national parks and by openly carrying pistols to public meetings, to legislators' offices, even to Whole Foods and Starbucks.
For decades, gun politics has been fought on two battlefields: a policy battlefield and a cultural one.
On the policy battlefield, gun control and gun rights advocates have sparred over issues such as background checks on gun purchases and protocols for granting permits to carry concealed weapons. Each side assembled favorable data, studies and analysis, all of which mattered very little because the real battle -- the one that influenced political decisionmakers -- was occurring on the cultural battlefield.
To date, gun rights forces, led by the 4-million-member National Rifle Association (NRA), have dominated that battle. Many on this side base their civic identity on the belief that they alone can save American democracy from the designs of power-mad politicians backed by an easily swayed, civically emasculated populace.
The pistol-packing patriot narrative hinges on a core argument: that any gun regulation, no matter how modest, is one step down a "slippery slope" to inevitable tyranny. With unwitting help from early gun control supporters, who advocated handgun bans as the only sensible approach to spiraling crime rates, the slippery slope argument by the 1970s had become gun rights advocates' political trump card.
Then and today, gun control forces -- mostly liberal, cosmopolitan and urban -- have countered the NRA's cultural narrative with arguments rooted in crime data, moral outrage over massacres and seemingly self-evident truths about the connection between gun proliferation and lethal violence. But gun control forces have not really engaged the pistol-packing patriot narrative with a counter-narrative rooted in civic values. They have tried to fight a culture war without a cultural identity.
Enter the Supreme Court. Two years ago, in District of Columbia v. Heller, the Court invalidated Washington's 33-year-old handgun ban. The Court found it is an individual's constitutional right to possess a gun in the home for self-defense, but left open the possibility that an array of existing gun regulations would be perfectly constitutional. In the McDonald case, the Court will decide whether this logic applies beyond the federal enclave of Washington.
If the justices follow the Heller reasoning, they will erect a constitutional wall halfway down the slippery slope. By protecting gun possession, the Court will strip gun rights advocates of their road-to-tyranny narrative.
Gun control advocates have recognized the irony -- that in giving gun rights advocates what they wanted, the Court has begun to take away what they need. Less widely recognized is that the Court has also handed gun control advocates and the moderate middle in this country an opportunity to articulate a values-based vision of guns in a free society.
Gun control sympathizers occasionally wade into the cultural debate. Ten years ago, harking back to the maternal politics of earlier eras, suburban mothers invoked civic themes of children, family and community to draw hundreds of thousands of women to the Million Mom March for gun control. More recently, gun control advocates Joshua Horwitz and Casey Anderson have argued in "Guns, Democracy and the Insurrectionist Idea" that the linking of armed dissent to patriotism and liberty constitutes an affront to the Constitution and its framers.
By endorsing a constitutional right to bear arms for self-defense, the Court will have delivered a moral victory to gun rights advocates. But by leaving open the possibility for gun regulation in a free society, the Court will also have created space for a values-based debate long precluded by the trump card of tyranny. Let's have that discussion.