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Sup. Ct. finally decides the "right to bear arms"

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Sup. Ct. finally decides the "right to bear arms"

Postby Spidey-Man » Thu Jun 26, 2008 9:20 am

They had not decided it since the 30s and never definitively.

Supreme Court Says Individuals Have Right to Own Guns, Strikes Down D.C. Handgun ban


Court seems to have ruled that the Second Amendment secures a private right to gun ownership, not just a collective militia right

Washington D.C. had one of the most restrictive gun bans around. It has been overturned. It barred the possession of handguns and required shotguns and rifles to be kept disassembled or under trigger lock

5-4 yet again



Scalia wrote the opinion. Justice Breyer dissented, joined by Justices Stevens, Souter and Ginsburg...

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Postby daitong » Thu Jun 26, 2008 9:23 am

If there's anything DC needs, it's more handguns.
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Postby Spidey-Man » Thu Jun 26, 2008 9:25 am

Court: A constitutional right to a gun
Thursday, June 26th, 2008 10:14 am | Lyle Denniston | Comments Off |
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Answering a 127-year old constitutional question, the Supreme Court ruled on Thursday that the Second Amendment protects an individual right to have a gun, at least in one’s home. The Court, splitting 5-4, struck down a District of Columbia ban on handgun possession.

Justice Antonin Scalia’s opinion for the majority stressed that the Court was not casting doubt on long-standing bans on gun possession by felons or the mentally retarded, or laws barring guns from schools or government buildings, or laws putting conditions on gun sales.

In District of Columbia v. Heller (07-290), the Court nullified two provisions of the city of Washington’s strict 1976 gun control law: a flat ban on possessing a gun in one’s home, and a requirement that any gun — except one kept at a business — must be unloaded and disassembled or have a trigger lock in place. The Court said it was not passing on a part of the law requiring that guns be licensed.

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Postby C20Percent » Thu Jun 26, 2008 9:25 am

daitong wrote:If there's anything DC needs, it's more handguns.


I don't think I could live in DC unless I owned one.

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Postby The Juan Percenter » Thu Jun 26, 2008 9:25 am

Does it make distinctions between handguns/rifles and automatic guns? I'm curious to know based on my personal views.

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Postby Spidey-Man » Thu Jun 26, 2008 9:31 am

This is huge!!!!!!!

One of the things we used to talk about in Law School. The Supreme Court has avoid ruling on this issue for decades!!!!

They kept avoiding it and punting. this was the perfect case though. DC's ban was one of the strictest possible.

The issue of whether the Second Amendment provides an individual right to bear arms or simply a collective right to a militia has apparently finally been settled.

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Postby lancer_man » Thu Jun 26, 2008 9:33 am

I think spiderrob is splooging himself.

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Postby Spidey-Man » Thu Jun 26, 2008 9:35 am

Because most things they've ruled on, often many times.

They went out of their way not to answer this question for years and years. From like 1791!!! From a Constitutional perspective, it's exciting

This is an opinion I will read in full, not just snippets.

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Postby The Juan Percenter » Thu Jun 26, 2008 9:36 am

Spiderrob wrote:This is huge!!!!!!!

One of the things we used to talk about in Law School. The Supreme Court has avoid ruling on this issue for decades!!!!

They kept avoiding it and punting. this was the perfect case though. DC's ban was one of the strictest possible.

The issue of whether the Second Amendment provides an individual right to bear arms or simply a collective right to a militia has apparently finally been settled.


Agreed - this is big. I am far from a gun enthusiast and would never let my children play in a home where the parents owned guns but I think lawful ownership of a gun is a scared right in the US. There is nothing wrong with owning a gun whether for sport or for defending your home and property.

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Postby Spidey-Man » Thu Jun 26, 2008 9:37 am

milton73 wrote:Does it make distinctions between handguns/rifles and automatic guns? I'm curious to know based on my personal views.


Probably those distinctions will be made by lower courts.

Specifically, the holding is:

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."

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Postby Spidey-Man » Thu Jun 26, 2008 9:37 am

milton73 wrote:Agreed - this is big. I am far from a gun enthusiast and would never let my children play in a home where the parents owned guns but I think lawful ownership of a gun is a scared right in the US. There is nothing wrong with owning a gun whether for sport or for defending your home and property.


Freudian slip???

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Postby Baskerville Holmes » Thu Jun 26, 2008 9:42 am

Now if we can just get the right to arm bears.

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Postby lancer_man » Thu Jun 26, 2008 9:43 am

TheScantronman wrote:Now if we can just get the right to arm bears.

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Your a mad man. They would kill us all.

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Postby Baskerville Holmes » Thu Jun 26, 2008 9:45 am

lancer_man wrote:Your a mad man. They would kill us all.


There's always a backup plan...

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Postby The Juan Percenter » Thu Jun 26, 2008 9:45 am

Spiderrob wrote:Freudian slip???


Over reliance on Firefox spell check :-D

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