High Court Upholds 2nd Amendment
From Fox News ~ 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 ruling is a victory for Oklahoma Attorney General Drew Edmondson and members of the state's congressional delegation, all of whom argued the DC gun ban is unconstitutional. Congressman Dan Boren, D-2nd District, is a new member of the board of directors of the National Rifle Association, which spearheaded the fight against the gun ban.]
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."
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 ruling is a victory for Oklahoma Attorney General Drew Edmondson and members of the state's congressional delegation, all of whom argued the DC gun ban is unconstitutional. Congressman Dan Boren, D-2nd District, is a new member of the board of directors of the National Rifle Association, which spearheaded the fight against the gun ban.]
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."
Labels: 2nd Amendment, SCOTUS
posted by Mike McCarville @ 9:40 AM
<< Home