The bipartisan support in the US Senate for the passage of the most significant gun control legislation in three decades is historic by any measure. As many as 15 Republican senators voted to override the filibuster and pass the law in the 100-member Senate. The bill is likely to sail through Congress, where the Democrats currently have a majority. Just a month after 19 students and two teachers were killed in a shooting in Uvalde, Texas, the law provides for stricter background and mental health checks and encourages states to prevent people considered as threats from possessing firearms. Given how polarising an issue the right to bear arms is in the US, the law represents a win for the Biden Administration. Yet, on the same day as the deadlock was overcome in the Senate, a verdict by the US Supreme Court and political responses to the law show that the issue is far from being laid to rest.
By a majority of 6-3, the Supreme Court struck down New York’s “proper cause” requirement. Proper cause rules limit who can carry a gun in public spaces — in essence, to obtain a licence, one must demonstrate an actual need of a gun for self-defence. Versions of “proper cause”, in fact, are part of gun laws in many countries, including India. The court’s decision was split along political lines, with liberal judges forming the minority, dissenting opinion and conservatives upholding the absolute right to bear arms. On the other hand, the bill passed by the Senate is being called out as weak by many Democrats for failing to ban assault rifles and other military-grade weapons. That many on the right are still wary of being seen as “anti-Second Amendment” is illustrated by the fact that of the 15 Republicans that voted for the law, only three are up for re-election in November.
One of Joe Biden’s assets, when he was a presidential candidate, was his record of having built bipartisan consensus in his long years as a senior legislator. The passage of the gun control law will certainly strengthen that reputation. Yet, the debate around the unqualified right to bear arms has once again underlined the divides in the US political system, including in the judiciary. Over three-fourths of all homicides in the US are a result of gun violence. The public outcry after Uvalde may have forced some concessions and compromise from the Republicans. But whether this is a political success that can be built on will likely be guided by the results of the mid-term elections, more than the compelling imperative of public safety.
This editorial first appeared in the print edition on June 25, 2022 under the title ‘No silver bullet’.
