Victory, A victory today for the 2nd Amendment Options

[ORCACommander]

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.

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.

Writing for the majority, Justice Antonin Scalia said that an individual right to bear arms is supported by "the historical narrative" both before and after the Second Amendment was adopted.

The Constitution does not permit "the absolute prohibition of handguns held and used for self-defense in the home," Scalia said. The court also struck down Washington's requirement that firearms be equipped with trigger locks or kept disassembled, but left intact the licensing of guns.

In a dissent he summarized from the bench, 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."

Justice Stephen Breyer wrote a separate dissent in which he said, "In my view, there simply is no untouchable constitutional right guaranteed by the Second Amendment to keep loaded handguns in the house in crime-ridden urban areas."

Joining Scalia were Chief Justice John Roberts and Justices Samuel Alito, Anthony Kennedy and Clarence Thomas. The other dissenters were Justices Ruth Bader Ginsburg and David Souter.

Gun rights supporters hailed the decision. "I consider this the opening salvo in a step-by-step process of providing relief for law-abiding Americans everywhere that have been deprived of this freedom," said Wayne LaPierre, executive vice president of the National Rifle Association.

The NRA will file lawsuits in San Francisco, Chicago and several of its suburbs challenging handgun restrictions there based on Thursday's outcome.

Sen. Dianne Feinstein, D-Calif., a leading gun control advocate in Congress, criticized the ruling. "I believe the people of this great country will be less safe because of it," she said.

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."

In a concluding paragraph to the his 64-page opinion, Scalia said the justices in the majority "are aware of the problem of handgun violence in this country" and believe the Constitution "leaves the District of Columbia a variety of tools for combating that problem, including some measures regulating handguns."

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.

The last Supreme Court ruling on the topic came in 1939 in U.S. v. Miller, which involved a sawed-off shotgun. Constitutional scholars disagree over what that case means but agree it did not squarely answer the question of individual versus collective rights.

Forty-four state constitutions contain some form of gun rights, which are not affected by the court's consideration of Washington's restrictions.

The case is District of Columbia v. Heller, 07-290.

Original Article:

http://news.yahoo.com/s/ap/20080626/ap_on_..._co/scotus_guns

well its about time they saw the light. even though it was a dicey 5-4 decision it is a landmark victory. For those of you who do not know I have always been a firearms enthusiast and a rabid supporter of the right to bare arms. So please discuss your views on this I will respect any contrary opinion to mine as long as its well written and as long as it isn't flaming.

This post has been edited by The DvD: Jun 28 2008, 02:36 PM

[Aurora196]

I just needed to comment, since I'm against the possesion of weapons, with which I mean firearms, by citizens. The only people, in my opinion, allowed to carry a firearm are policemen, the army (obviously) etc. For hunting of course people could get guns, but this should be controlled by the government in a very precise manner. I don't believe in guns for your own protection. And what is being said about the protection against gangs I can understand, however the main problem with gangs isn't solved by carrying a gun (it might even be partly caused by legal guns). And the USA is a wealthy and powerful country, with enough ability to solve problems with gangs and violence. Most European countries don't have legalised firearms, have lower crime/murder rates and have little problems with illegal weapons, compared to the USA. Because of what reason exactly can't the USA also be like that?

And no, carrying a gun doesn't make you invincible against other bullets, despite what many may think. You still can be killed in a robbery or anything like that. I even think someone with a gun (for example in a shop) has a higher chance of being wounded or killed. The feeling of power you might have with a gun can make someone do stupid things, and trying to shoot a robber when he is pointing a gun at you is quite stupid. I don't think the robber will run away seeing a gun, but instead will do anything to escape, and if that means killing you, so be it. People are jumpy from nature and tend to act fast in (possible) danger. And that's the reason I would never feel safe in a country with legalised firearms.

And also, why are people so obsessed with crime and safety in that area. There are many other dangers, which cost more lifes, than crime. Think about traffic, accidents at home or deceases. I rarely see people worrying as much about those things, than about crime. I still see many people who think it's ok to drink alcohol before driving a car and I still see people eating too much, eating too unhealthy, smoking, without any exercising and at the same time are afraid to go out at night because of possible crime and violence.