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What's Next After Supreme Court's Gun Decision?

by: Michael Doyle  |  McClatchy Newspapers

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The barrel of a handgun, displayed at Philadelphia's Colosimo's Gun Center. On Thursday, the Supreme Court upheld the right of Americans to keep guns. (Photo: Matt Rourke / AP)

    Washington - The Supreme Court's landmark decision Thursday striking down the District of Columbia's gun ban will have wide-ranging legal, political and public safety consequences.

    There will be more lawsuits, probably lots of them. Some guns laws will survive, while others will fall. The decision will help showcase the Supreme Court as a potential issue in the 2008 presidential campaign and will put some other politicians on the spot.

    Most immediately, the court's 5-4 decision in District of Columbia v. Heller poses myriad questions for which answers are still a work in progress. Here are some of them.

    Q. Does this eliminate all gun restrictions?

    A. No.

    Justice Antonin Scalia, writing for the court's majority, stressed that the Second Amendment doesn't guarantee an "unlimited" right to bear arms. Scalia cited as legitimate longstanding prohibitions on the possession of firearms by felons and the mentally ill, as well as bans on carrying firearms into schools and government buildings.

    Laws imposing "conditions and qualifications on the commercial sale of arms" are also probably safe, Scalia wrote, adding that his list of Second Amendment-friendly gun restrictions "does not purport to be exhaustive."

    Q. But the ruling will extend beyond Washington, D.C.'s gun ban, right?

    A. Yes, although not right away.

    The latest federal compilation of state and local firearm laws is some 458 pages long, and it was published in 2005, so it's not up to date. Boston, Chicago and Denver, for instance, ban the possession and sale of assault weapons. Los Angeles and San Francisco ban the sale of .50-caliber handguns. Oakland, Calif., bans the sale of ultra-compact handguns.

    An untold number of these existing laws will be subject to challenge. This will take time and money as lawsuits are filed and ordinances are revised.

    "At the very least," the American Bar Association predicted in a legal filing, "(a) shift in the law will prompt years of litigation regarding the constitutionality of statutory, regulatory and administrative provisions."

    Q. Will the ruling allow those who're arrested or convicted on gun charges to challenge their cases?

    A. Yes.

    "Virtually every defense attorney" whose client is facing "a gun count" in the indictment is obligated to seek dismissal, said Jack King, a D.C. attorney and the director of public affairs for the National Association of Criminal Defense lawyers.

    The impact could be extensive because many of the gun charges are linked to drug raids, he said, adding that, "Very often guns go with drugs in this town." Fifteen percent of state inmates and 13 percent of federal inmates carried a handgun during commission of their crimes, according to Bureau of Justice Statistics figures.

    Q. How about federal gun laws? Will they be affected?

    A. Potentially yes, although most firearm regulations are at the state or local level.

    Congress has passed a number of firearms laws in the past, such as a since-expired assault weapon ban written in 1993. Only time will tell which gets challenged next.

    "I fear that the District's policy choice may well be just the first of an unknown number of dominoes to be knocked off the table," Justice John Paul Stevens wrote in dissent, adding that resulting litigation will "surely give rise to a far more active judicial role."

    Q. What kind of gun laws will probably survive?

    A. Narrowly tailored laws may be safe, along with laws that target the most sophisticated weaponry.

    Scalia and the court's majority stress D.C.'s "absolute" prohibition of handguns and the fact that the District "totally bans" such firearms. Presumably, laws that have a narrower focus will have a better chance in court.

    The court also noted that the Second Amendment right to bear arms may be limited to those weapons "in common use at the time" the amendment was written. In other words: no rocket-propelled grenade launchers. Although this certainly doesn't mean only 18th century flintlocks may be legally owned, the court stressed that sawed-off shotguns as well as "M-16 rifles and the like may be banned."

    Q. How about Washington, D.C., itself?

    A. Most immediately, the court orders the D.C. government to issue a firearm license to Richard Heller, the District resident who challenged the gun ban. The gun ban itself, Mayor Adrian Fenty said Thursday, will technically remain on the books for at least "several weeks."

    In the meantime, Fenty said, he's ordered D.C. police to "implement an orderly process for allowing qualified citizens" to register handguns.

    Q. How will this decision play politically in this election year?

    A. In the short term, the decision highlights the importance of the Supreme Court, and offers a wedge issue for political operatives. In the long run: Who knows?

    Presumptive Republican presidential candidate John McCain instantly embraced the decision, while his Democratic opponent, Barack Obama, offered a more nuanced view seemingly designed to minimize differences on the volatile gun issue. Obama stressed that, like the court's majority, he believes that the Second Amendment protects an individual's right to bear arms. Obama sidestepped other parts of the decision, saying simply that it offers "much needed guidance" to officials.

    As one of the Supreme Court's most closely watched decisions of the year, and one of 11 decided on a narrow 5-4 margin, the gun case may be Exhibit A in the importance of electing a candidate who's likely to appoint at least one new justice.

    Below the presidential level, operatives will exploit the ruling, particularly in congressional districts where gun rights are taken seriously.

    "Rep. Carol Shea-Porter, D-N.H., found herself on the losing end of the Supreme Court's ruling today, as her liberal opposition to Second Amendment rights was defeated," the National Republican Congressional Committee declared shortly after the decision was announced.

    Q. How will interest groups fare?

    A. Pro-gun and anti-gun groups could both benefit.

    Controversy has a way of mobilizing activists, enhancing fundraising and giving volunteers a jolt of adrenalin. The fresh court, legislative and public relations challenges empowered by the court's ruling could guarantee years of full employment. As Alan Gottlieb of the small Second Amendment Foundation put it Thursday, "Our work has only just begun."

    ----------

    Dave Montgomery contributed to this report.

  

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Comments

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the right to bear arms has

the right to bear arms has been upheld by the highest court in the land, another approach must be found to lower the injuries and deaths that occur by individuals bearing those arms. The first would be to remove all ammunition from retail and wholesale outlets and forbid the importation of ammunition of any kind under threat of treason against civilians of the United States. They then can display their weapons of choice but have to use them as clubs. The second is to close down the manufacturers of weapons that use bullets in the United States and forbid their import and export. After a generation we might have safe streets in America. Of course owning a gun could also require the action of shooting oneself in the foot to gain ownership.

The second amendment could

The second amendment could have been written without the militia clause. In that case the court's decision would make perfect sense. If "well regulated militia" simply means "the people" it begs the question: What does the clause mean and why did the framers use it?

The court has ruled on the

The court has ruled on the 2nd Ammendment, which I understand is the first time this has been done in the history of the USA. The conservatives, including the Bush appointees, constantly decry "activist" judges. Well, if this is activist I don't know what is.

This decision is completely

This decision is completely ridiculous. No civilized country allows its citizens to walk around armed to the hilt. And for good reason. Anyone with a grudge and a gun or any nutcase such as the virginia tech shooter can do a lot of damage to innocent people. Think of the 40 workplace massacres that have taken place in the past twenty years, each with an average of 5-6 deaths. If DC wants to ban handguns, what's the problem with that? It dosen't mean all guns are banned. You can still buy a shotgun and keep it at home. And if you don't like it, there are plenty of other states where you can keep a whole arsenal at home if you choose to.

Don't I remember the NRA

Don't I remember the NRA being adamant about saying existing gun safety laws would answer the objections of the gun control advocates and SHOULD be enforced. It'll be interesting to see if they still believe that.

I am not a "gun-lover"

I am not a "gun-lover" or a gun possessor. I quit hunting when I was 9 years old. BUT!--one thing to consider is the RAMPANT SURGE OF FACSISM in the U.S. as well as globally. Government violence turned upon the domestic population is a very real threat. The U.S. has a long history of practice on the populations of other countries--don't think it can't happen here. Our government, in cooperation with the global elites, is already engaged in warfare upon its own citizens. You have the crises with prices in oil and food, which will only get worse. We have the toxic GMO crops--the Terminator Seed, and the seeds with their own built pesticides. YUM!--Monsanto rules! MERCK rules, too!--tainted vaccines and dangerous pharmaceuticals. The POISON just keeps pouring out, and there seems to be no one in control to protect the people. And soon I won't even be able to pay for my CUP OF POISON. The New World Order (Bushes, Clintons, Obama, McCain, The Rockefellers, ad naseum) are complicit in the destruction of the U.S. economy, the health of our citizens, our sovereignty, the rule of the People in a free society. So go ahead and vote for the idiot McCain or the liar-with-a-halo Obama. Both serve the same masters. One or the other will usher in the total Police State. So yes, let's disarm the public totally. Just step on the bus or train for your nearest detention center and not worry our pretty little heads again. IT IS HAPPENING HERE!! You just have to be patient and wait as the rulers play out their little shell game. Vote for the dancing puppet you like the best.

City and state governments

City and state governments should collect large taxes on the sale of handguns as they do with cigarettes, to help pay for the grief and injury this ruling will cause.

Peter Piper, you have to

Peter Piper, you have to assume that people are responsible enough to keep a firearm -- assuming that no one is responsible enough to own a firearm is like assuming guilt before a person is tried in a court of law. And if someone wants to kill lots of people, like that nutty kid at VA Tech, they're going to kill lots of people one way or the other -- probably by obtaining firearms illegally.

Response to Peter

Response to Peter Piper: "Think of the 40 workplace massacres that have taken place in the past twenty years, each with an average of 5-6 deaths." That's 200-240 deaths over 20 years. The intervention of armed citizens has saved many times that number over the same period. Call me cold blooded, but that seems like a good deal to me.

Mike seems to think that

Mike seems to think that there are numerous examples of armed civilians shooting people who have gone "postal" thus saving lives. I have never seen even one such account in the press, and if it had really happened, you can bet that the gunnuts would have been screaming about to the heavens. As for Scarpio's statement that lots of US citizens would die if the prisoners at Guantanamo were able to use their right to ask the US government why they were being imprisoned, it seems to me that all of a sudden he doesn't care about American lives. Otherwise why would he have put such a hindrance in the way of the effort to reduce killings? There are some space cadets who argue that even without guns, people will go on killing rampages. How exactly do they plan to do it?

Response to dkm: Not

Response to dkm: Not "postal," just criminal. Google it. Try β€œarmed citizen.” You'll find plenty of cases in which lives were saved.

>They then can display their

>They then can display their weapons of choice but have to use them as clubs. The second is to close down the manufacturers of weapons that use bullets in the United States and forbid their import and export. After a generation we might have safe streets in America. You have got to be kidding me. And when thugs start using swords (like they are now doing in the UK), are you going to ban swords. And a generation later when criminals start to use kitchen knives, then what? I see nothing wrong with allowing people whatever reasonable means they see fit to defend themselves. The second amendment is as much a right as it is a responsibility. You have a right to bear arms, you have a responsibility to defend yourself and your family. Just as a disclaimer: I own several rifles for hunting, but no handguns. I am too concerned with the idea of having a stray bullet strike an unintended target.