Topic: Supreme Court rules in favor of gun ownership rights
Rapunzel's photo
Thu 06/26/08 09:52 AM
Right on !!! drinker smokin drinker smokin drinker



http://news.yahoo.com/s/ap/20080626/ap_on_go_su_co/scotus_guns


Supreme Court rules in favor of gun ownership rights By MARK SHERMAN, Associated Press Writer
9 minutes ago



WASHINGTON - The Supreme Court ruled Thursday that Americans have a constitutional right to keep guns in their homes for self-defense, the justices' first major pronouncement on gun control in U.S. history.

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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 restrictions 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.

Scalia noted that the handgun is Americans' preferred weapon of self-defense in part because "it can be pointed at a burglar with one hand while the other hand dials the police."

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.

**** Anthony Heller, 66, an armed security guard, sued the District after it rejected his application to keep a handgun at his Capitol Hill home a short distance from the Supreme Court.

"I'm thrilled I am now able to defend myself and my household in my home," Heller said shortly after the opinion was announced.

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 **** 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.

White House reaction was restrained. "We're pleased that the Supreme Court affirmed that the Second Amendment protects the right of Americans to keep and bear arms," White House spokesman Tony Fratto said.

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.


no photo
Thu 06/26/08 09:59 AM
happy Thats kickass! I say piss on gun control, and I can not wait to get my first handgun when I turn 21 next month.

Atomicblue62's photo
Thu 06/26/08 10:01 AM
I agree......if everyone carried guns......no one would mess around, for fear of 20 people pulling a gun out.....

Rapunzel's photo
Thu 06/26/08 10:08 AM

I agree......if everyone carried guns......no one would mess around, for fear of 20 people pulling a gun out.....



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adj4u's photo
Thu 06/26/08 11:29 AM
seems we agree again

imagine that

but this is a duplicate post of mine posted at 8:33

bigsmile

but hey as long as the message gets out i guess

flowerforyou flowerforyou

no photo
Thu 06/26/08 01:06 PM
Gun control is hitting what you aim at.

Rapunzel's photo
Thu 06/26/08 01:32 PM

seems we agree again

imagine that

but this is a duplicate post of mine posted at 8:33

bigsmile

but hey as long as the message gets out i guess

flowerforyou flowerforyou




yes, Adj...drinker

there are some things we agree on ! bigsmile

imagine that :banana:

small wonders as well as big ones, do exist :wink:

and i do know this is a duplicate post,
sort of...smile2

but, yes...as long as the word gets out :thumbsup:

that's the most important thing flowers



Rapunzel's photo
Thu 06/26/08 01:34 PM

Gun control is hitting what you aim at.





absolutely...i agree...bigsmile bigsmile bigsmile


this qualifies as the " Quote of the day "...:thumbsup: drinker :thumbsup:


good one!!!...drinks drinks drinks