Yes, They Are Coming for Your Guns

At the Democratic-primary debate in Houston last night, Beto O’Rourke formally killed off one of the gun-control movement’s favorite taunts: The famous “Nobody is coming for your guns, wingnut.” Asked bluntly whether he was proposing confiscation, O’Rourke abandoned the disingenuous euphemisms that have hitherto marked his descent into extremism, and confirmed as plainly as can be that he was. “Hell yes,” he said, “we’re going to take your AR-15.”

O’Rourke’s plan has been endorsed in full by Cory Booker and Kamala Harris, and is now insinuating its way into the manifestos of gun-control groups nationwide. Presumably, this was O’Rourke’s intention. But he — and his party — would do well to remember that there is a vast gap between the one-upmanship and playacting that is de rigueur during primary season, and the harsh reality on the ground. Prohibition has never been well received in America, and guns have proven no exception to that rule. In New York, Connecticut, and New Jersey, attempts at the confiscation of “high capacity” magazines and the registration of “assault weapons” have both fallen embarrassingly flat — to the point that the police have simply refused to aid enforcement or to prosecute the dissenters. Does Beto, who must know this, expect the result to be different in Texas, Wyoming, or Florida? Earlier this week, the Democratic-controlled House of Representatives was unable to marshal enough votes to pass a ban on the sale of “assault weapons” — let alone to mount a confiscation drive. Sorry, Robert Francis. That dog ain’t gonna hunt.

And nor should it, for O’Rourke’s policy is spectacularly unconstitutional. The AR-15 is the most popular rifle in America by a considerable margin, and is therefore clearly protected by the “in common use” standard that was laid out in D.C. v. Heller. Put as baldly as possible, confiscation is not a program that the federal government is permitted to adopt.