What Supreme Court Judge Scalia hinted at on the Sunday talk show episode....if you paid attention to it....was that he (and only he).....could entertain some alternate vision of gun regulation in America. He didn't want to say what it would be....but he was open to the idea.
What happens? Well....spring of 2013...there's going to be this fair sized group of Republicans in the house and senate. They will come around to the idea of automatic rifles of a certain type....AR15 and AK47 types.....being limited in sales to law enforcement only. Course, that would still leave tens of thousands of these weapons probably floating around America. For a brief weekend....in front of the public and media folks....they'd look like they were helping to fix a problem.
Then some shooting would occur with a pistol, and life would just go on. The fact that ninety-nine percent of all shootings/murders....are done by pistol, and not by automatic rifle....really doesn't get fixed by a ban on assault rifles.
Now, if you did start to restart mental hospitals to be run by states, and allow folks to be put away for being dangerous....that might carve out a fair-sized chunk of shootings in America. But I'm guessing folks wouldn't want 40k people a year.....locked up in some state mental institute.