26 Jun

UPDATED: Supreme Court Shoots Down D.C. Gun Ban

                                       

Read the opinion here – and a big H/T to
Buffoon at Democrat=Socialist for finding it so quickly!

**********************************

Breaking news from ABC – SCOTUS got something right… in the usual 5-4 vote.

The Supreme Court ruled Thursday that the District of Columbia cannot ban a citizen from keeping a handgun at home, throwing out one of the nation’s strictest gun control laws.

The Supreme Court has overturned Washington, D.C.’s strict gun ban.The 5-4 decision marks first time the court has ever definitively addressed the issue, which had been one of the great unresolved constitutional questions as experts debated whether the Second Amendment protects an individual’s right to keep and carry a gun, or only a state’s right to arm a militia.

While statistics show that overall violent crime numbers are down in most big cities around the country, there has been an increase in crime in Washington DC, Cleveland and Baltimore. In the nation’s capital there were 181 murders in 2007.

The Brady gun control movement is less than thrilled.

Dennis A. Henigan, of the Brady Center to Prevent Gun Violence, says that the “whole purpose of the litigation is to achieve a Supreme Court precedent that they will use to attack many other laws.”

“This will inspire years and years of litigation and undercut the network of gun laws,” he said.

Haven’t seen the opinion yet, but will UPDATE when I find it available online. I suspect it’s the usual suspects on each side, with Justice Kennedy toeing the conservative line on this one. But not confirmed.

UPDATE 1: It was as suspected, Kennedy voting with Scalia, Thomas, Roberts, and Alito. Scalia wrote the opinon for the majority. Stevens wrote for dissenting justices with Breyer putting in an additional dissent. Still looking for links to all opinions.

Per the AP news:

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.”

The Supreme Court has avoided the question since the Bill of Rights was ratified in 1791. The high court last examined the issue in 1939 but stayed away from the broad constitutional question.

The Supreme Court has avoided the question since the Bill of Rights was ratified in 1791. The high court last examined the issue in 1939 but stayed away from the broad constitutional question.

The Supreme Court has avoided the question since the Bill of Rights was ratified in 1791. The high court last examined the issue in 1939 but stayed away from the broad constitutional question.

The Supreme Court has avoided the question since the Bill of Rights was ratified in 1791. The high court last examined the issue in 1939 but stayed away from the broad constitutional question.

Per a CNN article, this is the first head on collision for the justices and the scope of interpretation for 2nd Amendment.

The Supreme Court has avoided the question since the Bill of Rights was ratified in 1791. The high court last examined the issue in 1939 but stayed away from the broad constitutional question.

About MataHarley

Vietnam era Navy wife, indy/conservative, and an official California escapee now residing as a red speck in the sea of Oregon blue.
This entry was posted in 2nd Amendment, Supreme Court. Bookmark the permalink. Thursday, June 26th, 2008 at 7:56 am
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5 Responses to UPDATED: Supreme Court Shoots Down D.C. Gun Ban

  1. Michael says: 1

    Great ruling, but what’s truly scary is that four liberal Justices can’t even interpret the 2nd Amendment of the Constitution.

    The amendment is so clear, this was the first time the Supreme Court had to take it up since 1791.

    Glad this ruling came before an Obama Presidency adds to the four liberal idiots now on the bench.

    ReplyReply
  2. Harry Bergeron says: 3

    Good News: Justice Scalia wrote the majority opinion, and the very first sentence mentions bearing arms as an INDIVIDUAL right!

    ReplyReply
  3. SoCal Chris says: 4

    Hallelujah! Another prime example of why the Constitution should never become, as the Left would like, a “living, breathing document”!

    ReplyReply
  4. Hide Behind says: 5

    While many gun owners, especially gun store owners and firearms manufacturing firms are hailing this vote, to many old conservatives such as myself this opinion is the death knell to the original; The 2nd Amendment was not a self protection or hunting right, it was a Right to bear arms in defense of this countries enemies, domestic and foreign.
    By elimination of Militia as meaning the whole body of nation it has seperated the Active Standing Military, the National guard is now standing military, from the people and left them no recourse to its, 2nd Amendment’s original intent.
    That this “Last Word” opinion gives “Legality’ to those who wish to put in place even more restrictive requirments to owning a handgun or rifle such as,what is construed as an appropriate character of person, and even type of weapon and ammuntion for each use.
    As a question to the complications of what does one do if a city places restrictions upon access that are extremely hard for a great number of populace to comply with?
    Restrictions such as 30 or 60 day waiting list, 36 hours or more in an approved training facility, a multi hundred dollar fee for registration of any and all firearms and last but not least a registration and ballistic photo of a fired round through each weapon.
    Can a city impose a mandatory checking period of how and where weapon is or a short span such as a three month permit with no automatic renewal and a fee for background checks each time?
    The very wording of the original Amendment and the history at time has now been changed once and for all and as what once was said, Democracy may seem to live on due to the appearances of its old edifices while for all practical intents and purpose it has been dead for a long time.
    So we leave the wording in place while destroying its intent.
    Respectfully; May the 2nd Amendment R.I.P.

    ReplyReply

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