I don’t know how many times people have dropped this alleged quote from the late “conservative” Justice Warren Burger into my social media feeds:
The gun lobby’s interpretation of the Second Amendment is one of the greatest pieces of fraud — I repeat the word ‘fraud’ — on the American People by special interest groups that I have ever seen in my lifetime. The real purpose of the Second Amendment was to ensure that state armies — the militia — would be maintained for the defense of the state. The very language of the Second Amendment refutes any argument that it was intended to guarantee every citizen an unfettered right to any kind of weapon he or she desires.
If you find yourself in a debate over the Second Amendment, sooner or later someone is going to let you know that Burger believed an individual right to gun ownership was one of the “greatest pieces of fraud” perpetrated on the American people. Burger’s line is ubiquitous—it can be found in The New Yorker, Slate, Politico, NPR, every major newspaper, and in every anti-gun columnist’s pieces.
The first problem with the popular online iteration of the quote is that it’s actually cobbled together from three separate sources to give it more impact. Don’t get me wrong: Burger is mistaken in all instances, but he is mistaken in different contexts.
The second problem is that the quote often reads as if Burger—the “conservative” who voted with the majority in
