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Supreme Court Shoots Down DC Gun Ban

by: Michael Doyle  |  McClatchy Newspapers

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A 5-4 Supreme Court ruling strikes down the District of Columbia's 32-year-old ban on handguns as incompatible with the right to bear arms under the Second Amendment. (Photo: gamerandy.com)

    Washington - A sharply divided Supreme Court on Thursday ruled that the Constitution protects an individual's right to bear arms, while still leaving room for governments to regulate gun ownership.

    By a 5-4 margin, the court struck down the District of Columbia's strict gun ban as an infringement on fundamental rights. The court's historic ruling reinterprets the Second Amendment for the first time in nearly 70 years, foreshadowing new challenges to local, state and federal gun laws.

    "The Second Amendment protects an individual right to protect a firearm unconnected with service in a militia and to use that arm for traditionally lawful proposes, such as self-defense within the home," Justice Antonin Scalia wrote for the majority.

    The court, however, cautioned that some gun laws will remain intact.

    "Like most rights, the Second Amendment right is not unlimited," Scalia wrote. "It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose."

    The decision was the last to be announced for the 2007-2008 term and was perhaps the most widely anticipated. Several dozen camera crews awaited reactions on the Supreme Court steps while pro-gun demonstrators carried signs such as one reading, "More guns equals less crime"

    Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas and Samuel Alito joined the majority. Justice John Paul Stevens dissented, joined by Justices David Souter, Ruth Bader Ginsberg and Stephen Breyer.

    "The opinion the court announces today fails to identify any new evidence supporting the view that the amendment was intended to limit the power of Congress to regulate civilian uses of weapons," Stevens wrote.

    The court's majority ruling repudiates the long-held notion that the right to bear arms is strictly linked to militia service. Instead, the court concluded that it is an individual right untethered to either military or government necessity. This will make it easier for gun rights advocates to resist new regulations or to overturn existing laws.

    The Second Amendment states, with all its archaic capitalizations intact:

    "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 District of Columbia since 1976 has essentially prohibited handgun ownership except by retired D.C. police officers. Rifles may be owned, but must be stored either disassembled or with a trigger lock.

    The case known as District of Columbia v. Heller is named in part after Dick Heller, 66, a one-time security officer. He was one of six plaintiffs originally recruited to challenge the D.C. law, and the only one deemed by lower court judges to have the legal standing necessary to proceed.

    Chicago is the only other city that bans handguns outright, and no state currently imposes a complete prohibition.

    The case drew kibitzers from across the spectrum.

    Police chiefs in Los Angeles, Seattle and Minneapolis had urged the court to uphold the D.C. gun ban, citing the "devastation caused by handguns in American cities." Handguns were used in 81 percent of all homicides committed between 1990 and 1998, the police chiefs noted. Sacramento, San Francisco and other cities added that, nationwide, an average of 737,000 violent crimes are committed annually with handguns. District attorneys stretching from California's rural Calaveras County to urban Dallas County in Texas warned of a "wave of Second Amendment litigation."

    On the other side, groups as diverse as the National Rifle Association, Gays and Lesbians for Individual Liberty and 250 members of Congress urged the court to strike down D.C.'s gun ban. Texas and 30 other states, for instance, called D.C.'s prohibition "markedly out of step with the judgment of legislatures" that have more permissive gun rules.

    The court last addressed the fundamental Second Amendment issue in a 1939 case called United States v. Miller, in which justices upheld a ban on sawed-off shotguns. That decision reasoned that owning a sawed-off shotgun was not reasonably related to the "preservation or efficiency of a well-regulated militia."

  

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Hardly surprising. While I

Hardly surprising. While I support regulation of guns (just as I support regulation of automobiles and other dangerous machinery) an outright ban is as likely to end gun violence as a ban on drugs will end drug use. More often than not, gun bans are simply a way for liberal politicians to score points with their base. "See, we tried to end gun violence! Oh well." If the Democrats really cared about ending gun violence then they would address the massive economic inequalities that give rise to crime and gun violence. But of course, they don't support that because it would impact the profits of their corporate paymasters.

Good, They should have the

Good, They should have the Right to Arm Bears -WHYnotnews

I have never understood how

I have never understood how my ownership and possession of a firearm injured any person who did not want to do me, or mine, harm. As for how many people die from fire arms each year, how many are one criminal killing another? Deduct those from the total, and see what we come with. Compare that number with the number killed by auto accidents.

Liberal gun grabbers really

Liberal gun grabbers really had to suck it on this one. And Justice Breyer is probably justified in fearing that this is just the first of many dominoes to fall. Let's hope so.

The most important result of

The most important result of this decision is that citizens retain the ability to resist the government itself. This government has devolved into anarchy, has built detention camps across the nation, purportedly for house illegal immigrants. Not. They ship those folks right out, without even allowing them to, for instance, close down their household and personal affairs, notify creditors, friends, and relatives. No, those detention camps are for us who actively dissent. Personally, I wish I had a Uzi or three for when the bastards come knocking on doors (or rather, committing home invasions). Police state coming. Ask Cheney.

Amazing, astounding,

Amazing, astounding, breathtaking! Antonin Scalia, one of the fascist right's judicial poster boys of "strict construction", of appealing to the "plain words" of the Constitution, of keeping the Constitution "pure", tells us that "The Second Amendment protects an individual right to protect a firearm unconnected with service in a militia..." when any competent reader of English can see that in the plain words of the Second Amendment the right to bear arms is entirely conditional on its connection to militia. If a liberal Supreme were to make move like Scalia's he or she would be hounded from the bench with cries of "judicial activist". What we see in this case, and many, many more since the Supremes appointed Bush in 2000, is that the right has no compunction about judicial lawmaking and stretching the Constitution til it's nigh broke. They just want to be the only ones doing it. There are real factual questions tied up in the question of citizens having more or less free access to guns. One is how many citizen gun owner/users thwart crime by the use of their guns, and in what role, e.g., as storekeeper or as homeowner or as pedestrian or as driver. Second, how many deaths and injuries are the result either of accidental/ignorant discharge of guns or of "passion" gone destructive through easy access to guns. I have spent some time searching for web info on these questions, but can find only numbers thoroughly tainted by orientation. Anybody know whether there are clean numbers and where to find them? One thing is clear: countries like Britain, Japan, and Malaysia that severely restrict civilian access to guns have lower murder rates and lower crime rates than the US. NICHOLAS is surely right that one reason there is less violent crime in these places is that they are significantly more economically egalitarian than Bush's back to the 1890s US. But it is also well to remember that it is a whole lot harder to cause injury or death, especially accidentally, with your fists or your knife or your pipe or your blackjack than it is with your handy dandy Saturday night special.

Not too long ago Scalia

Not too long ago Scalia threw a hissy fit because allowing the prisoners at Guantanamo and other off shore prisons (Everything seems to be off-shored these days) to ask why they were being held as is specified in the Constitution of the United States would result in all sorts of people being killed, cities destroyed and havoc wreaked upon the Earth. Now all of a sudden he doesn't give a damn. Thank you, Big Tony. Your hypocrisy couldn't be more blatant.

The NRA is right about one

The NRA is right about one thing: "if you outlaw guns, only outlaws will have guns." Think about it - make firearms illegal and only the law-abiding citizens will put away their illegal guns. The crooks won't care, and they'll have the advantage of knowing almost everyone else has willingly disarmed themselves. Since the police cannot act unless there's a crime in progress, how emboldened the criminal-minded would become! There is a New Hampshire town where everyone is *required* to own a gun. There is NO crime there. Why? Everyone there knows that everyone else there is armed. But something doesn't add up. It was the "conservative" wing of the Supreme Court that struck down the ban: Roberts, Scaly-a, Thomas, Kennedy and Alito. Scalia just did his part to help dismantle the Constitution, and Alito and Roberts are Bush appointees. Much as I am glad they chose to uphold some tiny shred of the Constitution, since it was those 5 in the decision I don't trust it. I have to wonder why.

Nothing is life is

Nothing is life is guaranteed or 100% safe, but most people can use simple common sense to avoid bad areas (known to be risky) where illegal activity takes place - or areas where the "rough" trade hangs out. What I fear more than these criminal elements (which I can easily avoid by taking a few precautions) are the shaved heads and square jaws of the increasingly Fascist/Nazi looking POLICE that are now a law unto themselves - which I CAN'T AVOID! No American citizen should be stopped by the authorities when he is lawfully going about his daily business and not bothering anyone. The POLICE have no business just stopping people for little (or no reason) and going through their pockets and possessions at the point of a gun "LOOKING" for illegal contraband - be it a gun, crack cocaine, marijuana, etc. just to pump up their arrest record and the overall perception that crime is increasing. THIS fascist type of official abuse is the real reason why people are afraid and don't want to give up their guns! When the Constitution was framed people were allowed (and expected) to defend themselves from anyone that approached them, their homes, or loved ones with criminal intent. With the courts and laws increasingly finding fault with the defenders - rather than the offenders - our country is pushed more towards chaos than order.

Talk about your activist

Talk about your activist judges, This decision takes a middle phrase of the second amendment completely out of context.

This is the one thing the

This is the one thing the Supreme Court has done in the past week that agree with. Liberal at heart, I have never believed that laws that restrict the individual to own a gun is a good idea. Prohibition never works, be it alcohol, drugs or abortion. People will get guns if they want them and those that will break the law anyway don't care about breaking another one. Law-abiding citizens don't need the government to tell them not to shoot somebody. I saw a t-shirt that tells it like it is: "pencils don't misspell words, spoons don't make you fat..." etc. although not so politely put... And yes, the Constitution does give us that right,

So, nearly half the

So, nearly half the U.S. Supreme Court believes they can completely amend the U.S. Constitution without resorting to the exclusive methods to do so contained in the Constitution. The other half "gives us" a watered-down version of the Constitution, and takes away from a significant portion of the people the right to defend themselves. The government defines "mentally ill", and thus the Supreme Court has left it to the government to determine who can defend themselves with a backdoor law opinion. The Roman Empire defined 80 per cent of its inhabitants to be slaves. You can bet America will soon define 80 per cent of its people to be "mentally ill" (though of course they WILL be able to pay taxes, work for minimum wages, and, if necessary, serve in the Army). The Constitution gives ALL OF US the right to keep and bear arms. Replace any "Supreme Court" that says otherwise.