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SCOTUS: Second Amendment guarantees individual right to bear arms

Finally, a victory for common sense…which would explain the four liberal justices’ dissent.  From FNC:

WASHINGTON —  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 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.”

What Stevens conveniently ignores is that the D.C. gun ban didn’t regulate firearms…it prohibited them.  It was a clear violation of the Second Amendment, and kudos to the Court for finally putting the debate to rest once and for all: the Second Amendment is an individual right, just as are the other nine amendments in the Bill of Rights.

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June 26, 2008 - Posted by | gun rights, Supreme Court

12 Comments »

  1. What libs don’t seem to understand is that making it illegal to own guns doesn’t stop the criminals.
    Personnaly I think everyone should be armed. That would certainly change the mindset of the criminal element. Even the thugs would have to think before stealing a purse from a little old lady as that purse might have a gun in it.
    Just my 2 cents.

    Comment by tnjack | June 26, 2008

  2. “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.’”

    Uh, yeah! That is specifically what the Framers did with this document. With two exceptions, Amendments 16 and 18, everything written specifically gives power to the people over the government. Thankfully, 18 was repealed – still crossing my fingers for the same fate for 16! Notice I’m crossing my fingers versus holding my breath. Just the same, let’s party like its 1791!

    Comment by TheBad | June 26, 2008

  3. tnjack, liberals don’t seem to understand anything that requires common sense.

    I’m just glad SCOTUS got this one right.

    Comment by Kanaka Girl | June 26, 2008

  4. This ruling is a great victory for freedom and liberty! We are all on our way to lining the pursuit of life, liberty and happiness. Ban abortion and we have 2 out of 3 -life and liberty. Ban liberalsim and we will also have happiness…

    :cool:

    Comment by Brent | June 26, 2008

  5. Kennedy FINALLY made a right turn on this one. Stevens is about 20 years beyond his expiration date as is Ginsburg.

    We (as in conservative normal people) need two more. Vote Republican!!!!!

    Comment by Lee | June 26, 2008

  6. Any guesses as to what percentage the home invasion robbery / burglary rate will drop in D.C. in the next 12 – 24 months?

    Most of the time, the news depresses me. But today is a good day.

    Comment by PabloD | June 26, 2008

  7. PabloD,

    I’ll play: 10% reduction in 12 months, 25% reduction in 24 months.

    Comment by Henry | June 26, 2008

  8. Castle doctrine……….in DC? R-i-i-i-g-h-t!!!

    I pity the first poor SOB that smokes some dude for breaking into his occupied home. The aforementioned SOB will be hung just so the local politicians can make an example of them. Liberals will never stop defending the guilty and prosecuting the innocent when it comes to self defense.

    I think I can safely say that the B&E business in DC will be as lucrative as ever. Got a gun, better keep it in your house if you live in DC, not on your person or in your vehicle where it might do some good.

    But, a great ruling for the rest of us.

    Comment by Lee | June 27, 2008

  9. Yes! the Supreme Court finally got it right. I always hear how we gun rights folks are the bad guys. I hope some liberal reads this. I fought the city of Tombstone Az. with the backing of the NRA back in 1991-94 over their old Earp ordinance which disallowed the carrying of firearms within the city limits. Yes, the same ordinance used by the Earps at the gunfight at the O.K. Corral. Now liberals, I want you to know that your beloved anti gun people were the first one’s to fire shots in anger and they fired them at me on three different occaisions. The tore up my corrals, they tore up my tack shed and again, they shot at me! In the end I had to shoot and wound a man in self defense while on my own property before they quit bothering me. We won the fight in 1994 and Tombstone’s non carry ordinance of over one hundered years was finally laid to rest. Again, my point is that the anti gun group was the first to pick up a gun so don’t think these are all good people who just care about the children. Think about it.

    Comment by Terry | June 29, 2008

  10. Lee – sadly, you’re right in noting that some ultra-leftist, political butt-kisser of a prosecutor will suck up to Mayor Fenty by going after the first guy to drop a home intruder. However, at least some of the criminals will be able to grasp the idea that “home invasion = almost certain death,” and in the end that should have the desired effect on crime rates.
    D.C. is probably about 100 years from a Castle Doctrine law, but one can dream…

    Comment by PabloD | July 1, 2008

  11. [...] capital (not Congress, but the D.C. Council and Mayor) are doing their best to ignore the Supreme Court’s ruling that the Second Amendment guarantees our right to keep and bear arms.  DC must be spoiling for a [...]

    Pingback by DC gets sued for violating Second Amendment…by the same guy…again « Crush Liberalism | July 31, 2008

  12. Anyone wishing to see how the presence of guns makes crime rates plummet must read “More Guns, Less Crime” by John R. Lott, Jr. Brilliant!!!

    Comment by Bob C | January 22, 2010


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