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- Randall Flagg
- Rep: 139
Re: 2nd Amendment ruled individual right by supreme court
http://news.yahoo.com/s/ap/20080626/ap_ … cotus_guns
Court rules in favor of Second Amendment gun right By MARK SHERMAN, Associated Press Writer
11 minutes ago
The Supreme Court ruled Thursday that Americans have a right to own guns for self-defense and hunting, the justices' first major pronouncement on gun rights in U.S. history.
The court's 5-4 ruling struck down the District of Columbia's 32-year-old ban on handguns as incompatible with gun rights under the Second Amendment. The decision went further than even the Bush administration wanted, but probably leaves most firearms laws intact.
The court had not conclusively interpreted the Second Amendment since its ratification in 1791. The amendment reads: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."
The basic issue for the justices was whether the amendment protects an individual's right to own guns no matter what, or whether that right is somehow tied to service in a state militia.
Justice Antonin Scalia, writing for four colleagues, said the Constitution does not permit "the absolute prohibition of handguns held and used for self-defense in the home."
In dissent, Justice John Paul Stevens wrote that the majority "would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons."
He said such evidence "is nowhere to be found."
Joining Scalia were Chief Justice John Roberts and Justices Samuel Alito, Anthony Kennedy and Clarence Thomas. The other dissenters were Justices Stephen Breyer, Ruth Bader Ginsburg and David Souter.
The capital's gun law was among the nation's strictest.
Dick Anthony Heller, 66, an armed security guard, sued the District after it rejected his application to keep a handgun at his home for protection in the same Capitol Hill neighborhood as the court.
The U.S. Court of Appeals for the District of Columbia ruled in Heller's favor and struck down Washington's handgun ban, saying the Constitution guarantees Americans the right to own guns and that a total prohibition on handguns is not compatible with that right.
The issue caused a split within the Bush administration. Vice President Dick Cheney supported the appeals court ruling, but others in the administration feared it could lead to the undoing of other gun regulations, including a federal law restricting sales of machine guns. Other laws keep felons from buying guns and provide for an instant background check.
Scalia said nothing in Thursday's ruling should "cast doubt on long-standing prohibitions on the possession of firearms by felons or the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings."
The law adopted by Washington's city council in 1976 bars residents from owning handguns unless they had one before the law took effect. Shotguns and rifles may be kept in homes, if they are registered, kept unloaded and either disassembled or equipped with trigger locks.
Opponents of the law have said it prevents residents from defending themselves. The Washington government says no one would be prosecuted for a gun law violation in cases of self-defense.
- Randall Flagg
- Rep: 139
Re: 2nd Amendment ruled individual right by supreme court
This is a great day for freedom and liberty in America. For decades, morons who have no understanding of the constitution or guns in general have been trying to strip us of one of our most important rights just to feel good. Without turning this into a heated political debate, it's great to see that some people are still interested in keeping the ideals of the founding fathers alive.
- Randall Flagg
- Rep: 139
Re: 2nd Amendment ruled individual right by supreme court
Wow, so in DC you weren't allowed to buy a gun at all?? Surprised that law lasted 32 years?!
I don't think there should be an out & out ban, however I do think felons shouldn't be allowed to own them. And I think Municipalities should have their own say as to whether to enforce background checks or the Brady Bill of a waiting period. There's a difference between going into a hunting store and buying a rifle as opposed to going into the guns & ammo shop on 7th & fairmount & buying a 9mm or semi.
I also think this gov't needs to spend more on it's prison system. I feel if you use a gun in a crime, especially any kind of attempted murder or murder charge, you should go away for a very long time. For murder at least 15 years before parole & really you should be held until you're 45-50. No second chances.
- Randall Flagg
- Rep: 139
Re: 2nd Amendment ruled individual right by supreme court
PasNow are you sure the laws aren't already written like that? Background checks are mandatory across the nation and endorsed by the NRA. Waiting periods are pointless and no justification or study has ever been presented to show that they're useful and work. How many stories are there of someone buying a gun that day (legally) and then commitng a crime in the same day.
- Gunslinger
- Rep: 88
Re: 2nd Amendment ruled individual right by supreme court
Finally common sense overruled popular-culture opinion that has been tainted by extremist liberals and their idiotic messages preached over the media outlets! Great day for freedom in a free country who has lost much freedoms. I hope soon Americans will remember they can think for themselves and become educated to the real issues without having special interest groups think for them.
Re: 2nd Amendment ruled individual right by supreme court
PasNow are you sure the laws aren't already written like that?
I was referring to the piece stating potential future implications of the decision:
The issue caused a split within the Bush administration. Vice President Dick Cheney supported the appeals court ruling, but others in the administration feared it could lead to the undoing of other gun regulations, including a federal law restricting sales of machine guns. Other laws keep felons from buying guns and provide for an instant background check.
Although I guess if you have instant background checks there isn't as much need for a waiting period.
