The Trump administration is considering restricting the Second Amendment rights of transgender Americans, reports media outlets as varied as CNN and the New York Post.
This would be an unjustified attack on the constitutional rights of Americans to defend themselves and it is absurd the administration is even considering it.
The Constitution, as affirmed by the United States Supreme Court, protects the right of individuals to keep and bear arms. Broad identity-based exclusions from this right are wholly unjustified.
It is true that some transgender Americans commit crimes, even horrendous crimes like the mass shooting at a Minneapolis school last month.
But that does not mean law-abiding transgender Americans ought to be denied their constitutional rights simply because of who they are.
One can believe whatever they want about transgender Americans, but they are Americans and as such are entitled to the same constitutional rights as everyone else.
“Under [Supreme Court case] Bruen modern gun regulation must be consistent with the nation’s historical tradition of firearm regulation,” explains Patrick Eddington from the Cato Institute. “Historically, the United States has never imposed a categorical gun ban on a class defined by gender identity. Therefore, if the Supreme Court remained faithful to its existing precedents, a transgender‑only ban would likely be found inconsistent with historical precedent and struck down.”
Fortunately, some gun rights groups have spoken up in opposition to the idea of categorically banning transgender Americans from exercising their Second Amendment rights.
Gun Owners of America responded on social media, that “GOA opposes any & all gun bans. Full stop.”
The National Rifle Association likewise indicated, “NRA does not, and will not, support any policy proposals that implement sweeping gun bans that arbitrarily strip law-abiding citizens of their Second Amendment rights without due process.”
No doubt, these groups recognize the slippery slope that would open up if the government can simply deny constitutional rights to individuals based on broad and unjustified discrimination based on identity.
Whether you’re a progressive gun-grabber or a Trump administration official seriously considering this proposal, the Bill of Rights means what it says.