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Scalia and women's rights: A handgun "is easier to use for those without the upper-body strength to lift and aim a long gun."

In District of Columbia v. Heller, yesterday's Second Amendment decision, Justice Scalia responded to the argument that "it is permissible to ban the possession of handguns so long as the possession of other firearms (i.e., long guns) is allowed":

It is enough to note, as we have observed, that the American people have considered the handgun to be the quintessential self-defense weapon. There are many reasons that a citizen may prefer a handgun for home defense: It is easier to store in a location that is readily accessible in an emergency; it cannot easily be redirected or wrestled away by an attacker; it is easier to use for those without the upper-body strength to lift and aim a long gun; it can be pointed at a burglar with one hand while the other hand dials the police. Whatever the reason, handguns are the most popular weapon chosen by Americans for self-defense in the home, and a complete prohibition of their use is invalid.

Should we read that boldface as a statement about women's rights? Scalia uses a gender-neutral expression ? those without upper-body strength ? but we know that on average, women have less upper-body strength than men. To say it's enough that you can have a long gun is to put a greater burden on women, is it not?

In fact, the argument about handguns and upper-body strength is explicitly a women's rights argument in at least one briefs. Read this amicus brief from 126 Women State Legislators and Academics (PDF):

The District would like to restrict women's choice of firearm to those it gauges most appropriate rather than to allow rational women the ability to decide whether a handgun is more suited to their needs. Petitioner's Brief cites two articles from firearms magazines in which a shotgun is mentioned as appropriate for home defense. Pet. Br. at 54-55. An assembled shotgun is certainly better than nothing and could provide deterrence benefits provided it is accessible to a woman. However, most women are best served by a handgun, lighter in weight, lighter in recoil, far less unwieldy for women with shorter arm spans, and far more easily carried around the home than a shotgun or rifle. Moreover, women who are holding a handgun are able to phone for assistance, while any type of long gun requires two hands to keep the firearm pointed at an assailant....

Women are at a severe disadvantage when confronting a likely stronger male assailant. In general, women simply do not have the upper body strength and testosterone-driven speed to effectively defend themselves without help. A firearm, particularly an easily manipulable handgun, equalizes this strength differential and thereby provides women the best chance they have of thwarting an attacker. Even more statistically likely, a firearm in the hands of a threatened woman offers the deterrence empty hands and an often unavailing 911 call do not.... Even in cases in which a 911 response would be effective, an attacker in control of the situation will not allow a woman to pick up the phone to make that call.

Full post as published by Althouse on June 27, 2008 (boomark / email).