Court rules in favor of Second Amendment gun right

[Kat Kanning]

Court rules in favor of Second Amendment gun right

By MARK SHERMAN, Associated Press Writer
16 minutes ago

WASHINGTON - 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. ADVERTISEMENT

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.

[doobie]

Unfortunately the gun grabbers are going to try for another AWB.  This ruling doesn't strike that chance down... nor does it save our friends gun rights in MA or CA....etc.

[Romak]

Thanks for the permission to protect our families and fellow citizens. Give me a freaking break.  All this does is set the precedent for some anti gun court down the road to rule differently. Whats scary is it was only a 5-4 opinion. Should have been 9-0 hands down. Or as someone said the other day to me its not that they support us having guns quite the opposite actually, its just that they aren't ready to demand that we give them up just yet. Any country that has 9 people that arent elected making up laws as they go based on their professional opinion doesnt hold much hope of lasting very long.

[Kat Kanning]

Whats scary is it was only a 5-4 opinion. Should have been 9-0 hands down.

That's what I was thinking.  It's spelled out very clearly in the constitution. 

[Lloyd Danforth]

First thing that occurred to me

[Jim Johnson]

This quote really pisses me off...
Justice Antonin Scalia said, the Constitution does not permit the absolute prohibition of handguns.

Did that dumb ass squirrel even read the Constitution?
When did, shall not infringe, turn into, can not absolutely prohibit?

And that, absolutely prohibit... that means yes prohibition is allowed but not absolute prohibition.
Which probably means, that security guard can have his pistol and screw everyone else.

[grasshopper]

Howz about impeaching the 4 dissenters of just finding a shaman and have them send them bad ju ju?

[grasshopper]

or

[Romak]

Whats a ju ju? Knowing you it has something to do with scooby doo.

[dalebert]

Whats a ju ju? Knowing you it has something to do with scooby doo.

Isn't some kind of jelly bean they sell at movie theaters?

[Atlas]

Whats a ju ju? Knowing you it has something to do with scooby doo.

Isn't some kind of jelly bean they sell at movie theaters?

Ju Ju Bee?

[K. Darien Freeheart]

5-4 scares the hell out of me.

[Romak]

Ju Ju Bee?


Ahhh thats it.

[error]

I'm holding my opinions until later this afternoon when you'll all be able to read them at Homeland Stupidity.

[K. Darien Freeheart]

I'm holding my opinions until later this afternoon when you'll all be able to read them at Homeland Stupidity.

I'm interested in checking that out. My blog is currently on hiatus while I build a new system for it.