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Dead Constitution
See other Dead Constitution Articles

Title: Court rules in favor of Second Amendment gun right
Source: [None]
URL Source: [None]
Published: Jun 26, 2008
Author: Mark Sherman
Post Date: 2008-06-26 10:30:14 by Rotara
Keywords: None
Views: 380
Comments: 29

The Supreme Court says 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 strikes down the District of Columbia's 32-year-old ban on handguns as incompatible with gun rights under the Second Amendment. The decision goes further than even the Bush administration wanted, but probably leaves most firearms laws intact.



The Supreme Court is seen in Washington, Wednesday, June 25, 2008. The Supreme Court has struck down a Louisiana law that allows the execution of people convicted of a raping a child, and also cut the $2.5 billion punitive damages award in the 1989 Exxon Valdez disaster to $500 million. (AP Photo/Charles Dharapak)

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."

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

WASHINGTON (AP) _ The Supreme Court says 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 strikes down the District of Columbia's 32-year-old ban on handguns as incompatible with gun rights under the Second Amendment. The decision goes 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.

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#3. To: Rotara (#0)

TwentyTwelve  posted on  2008-06-26   10:34:38 ET  (1 image) Reply   Untrace   Trace   Private Reply  


#4. To: TwentyTwelve, Critter, ALL UPDATE (#3)

Update

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.

Rotara  posted on  2008-06-26   10:38:34 ET  Reply   Untrace   Trace   Private Reply  


#5. To: Rotara (#4)

Thank you, Mr. Heller.

who knows what evil  posted on  2008-06-26   10:42:45 ET  Reply   Untrace   Trace   Private Reply  


#6. To: who knows what evil (#5)

June 26, 2008

U.S. Supreme Court Rules D.C. Handgun Ban Unconstitutional

2008_0626_supremecourt.jpgThe U.S. Supreme Court has ruled this morning to uphold an appellate ruling that says the District of Columbia's 32-year-old handgun ban is unconstitutional.

The decision in District of Columbia v. Heller was written by Justice Antonin Scalia. Justice Breyer dissented, joined by Justices Stevens, Souter and Ginsburg. The ruling clarifies the court's position that the Second Amendment gives individuals the right to own firearms, instead of only protecting a collective right for states to form armed militias.

SCOTUSBlog is liveblogging all the Supreme Court decisions this morning. We'll have more soon...

UPDATE 10:24 a.m. You can download a PDF of the Heller decision here, courtesy SCOTUSBlog.

From the Syllabus of the decision:

The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment. The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of “arms” that Americans overwhelmingly choose for the lawful purpose of self-defense. Under any of the standards of scrutiny the Court has applied to enumerated constitutional rights, this prohibition—in the place where the importance of the lawful defense of self, family, and property is most acute—would fail constitutional muster. Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional.
The decision does not address gun licensing requirements.

Two separate dissenting opinions were issued, one written by Justice Stevens, and the other by Justice Breyer. But the Scalia decision is in fact a majority opinion, and not a plurality opinion as court watchers had predicted, since it was signed by four other justices - Roberts, Alito, Thomas and Kennedy.

Photo by M.V. Jantzen

By Sommer Mathis in News | Link | Comments (21) | Recommend this! Loading... |

Rotara  posted on  2008-06-26   10:49:46 ET  (8 images) Reply   Untrace   Trace   Private Reply  


Replies to Comment # 6.

#7. To: Rotara (#6)

America's Original Homeland Security Rectangle Mag

TwentyTwelve  posted on  2008-06-26 10:51:14 ET  (1 image) Reply   Untrace   Trace   Private Reply  


#8. To: All (#6)

My Sense of the Bottom-Line from Heller

Individuals have a constitutional right to possess a basic firearm and to use it in self-defense.  The government can prohibit possession of firearms by, for example, felons and the mentally ill.  And it can also regulate the sale of firearms, presumably through background checks.

The opinion leaves open the question whether the Second Amendment is incorporated against the States, but strongly suggests it is.  So today’s ruling likely applies equally to State regulation.


Heller quotes from the majority - opinion is linked in the next post

Thursday, June 26th, 2008 10:27 am | Tom Goldstein | Comments Off |

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Quotes from the opinion:

“Logic demands that there be a link between the stated purpose and the command.”

“We start therefore with a strong presumption that the Second Amendment right is exercised individually and belongs to all Americans.”

“the most natural reading of ‘keep Arms’ in the Second Amendment is to “have weapons.”

“The term was applied, then as now, to weapons that were not specifically designed for military use and were not employed in a military capacity.”

“Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation.”

“Thus, we do not read the Second Amendment to protect the right of citizens to carry arms for any sort of confrontation, just as we do not read the First Amendment to protect the right of citizens to speak for any purpose.”

“The prefatory clause does not suggest that preserving the militia was the only reason Americans valued the ancient right; most undoubtedly thought it even more important for self-defense and hunting.”

“It was plainly the understanding in the post-Civil War Congress that the Second Amendment protected an individual right to use arms for self-defense.”

“Like most rights, the right secured by the Second Amendment is not unlimited.”

“Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”

“We also recognize another important limitation on the right to keep and carry arms. Miller said, as we have explained, that the sorts of weapons protected were those ‘in common use at the time.’ 307 U. S., at 179.”

“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.”

“In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense. Assuming that Heller is not disqualified from the exercise of Second Amendment rights, the District must permit him to register his handgun and must issue him a license to carry it in the home.”

On the question of the Second Amendment’s application to the States: “23 With respect to Cruikshank’s continuing validity on incorporation, a question not presented by this case, we note that Cruikshank also said that the First Amendment did not apply against the States and did not engage in the sort of Fourteenth Amendment inquiry required by our later cases. Our later decisions in Presser v. Illinois, 116 U. S. 252, 265 (1886) and Miller v. Texas, 153 U. S. 535, 538 (1894), reaffirmed that the Second Amendment applies only to the Federal Government.”


Heller Opinion

Thursday, June 26th, 2008 10:23 am | Jason Harrow | Comments Off |

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Download it here.


Court: A constitutional right to a gun

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Answering a 127-year old constitutional question, the Supreme Court ruled on Thursday that the Second Amendment protects an individual right to have a gun, at least in one’s home. The Court, splitting 5-4, struck down a District of Columbia ban on handgun possession.  Although times have changed since 1791, Justice Antonin Scalia said for the majority, “it is not the role of this Court to pronounce the Second Amendment extinct.”

Justice Scalia’s opinion stressed that the Court was not casting doubt on long-standing bans on carrying a concealed gun or on gun possession by felons or the mentally retarded, on laws barring guns from schools or government buildings, and laws putting conditions on gun sales.

In District of Columbia v. Heller (07-290), the Court nullified two provisions of the city of Washington’s strict 1976 gun control law: a flat ban on possessing a gun in one’s home, and a requirement that any gun — except one kept at a business — must be unloaded and disassembled or have a trigger lock in place.  The Court said it was not passing on a part of the law requiring that guns be licensed.  It said that issuing a license to a handgun owner, so the weapon can be used at home, would be a sufficient remedy for the Second Amendment violation of denying any access to a handgun.

Justice Scalia’s recitation from the bench of the majority’s reasoning continued for 16 minutes.  Justice John Paul Stevens followed, for seven minutes, summarizing the reasons for two dissenting opinions — his and one written by Justice Stephen G. Breyer.

The decision was the final one of the Term and, after issuing it, the Court recessed for the summer, to return on Monday, Oct. 6.  Chief Justice John G. Roberts, Jr., said that concluding orders on pending cases will be released by the Court Clerk at 10 a.m. Friday.


LiveBlog: Opinions | 6.26.08

Thursday, June 26th, 2008 6:00 am | Ben Winograd | Comments Off |

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Note to readers: beginning at 10 a.m. Eastern, we will provide “live” coverage of the final session of the Supreme Court term. The Justices are expected to release opinions in all three remaining cases, including the decision in District of Columbia v. Heller (07-290) on the scope of the right to bear arms under the Second Amendment.

In the “LiveBlog” below, we will relay all developments as quickly as possible. We will also post links to PDF versions of the opinions as they become available. One main benefit of the feature is that it automatically updates; in other words, users do not need to refresh their browsers to receive the latest news.

In the event of technical difficulties on our home page due to heavy traffic, users can also follow the LiveBlog by clicking here.

Rotara  posted on  2008-06-26 10:52:05 ET  Reply   Untrace   Trace   Private Reply  


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