Supreme Court Throws Out Handgun Ban

[ULYCYC]

I guess it's time to buy a uzi


Supreme Court Throws Out Handgun Ban
AP
Posted: 2008-06-26 10:47:12
Filed Under: Nation News
WASHINGTON (June 26) -- The Supreme Court ruled Thursday that 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 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 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."

He said such evidence "is nowhere to be found."

Joining Scalia were Chief Justice John Roberts and Justices Samuel Alito, Anthony Kennedy and Clarence Thomas. The other dissenters were Justices Stephen Breyer, Ruth Bader Ginsburg and David Souter.

The capital's gun law was among the nation's strictest.

Dick Anthony Heller, 66, an armed security guard, sued the District after it rejected his application to keep a handgun at his home for protection in the same Capitol Hill neighborhood as the court.

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 Dick 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.

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."

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.


Copyright 2008 The Associated Press.

[Top Speed]

I agree with that decision.

[ULYCYC]

I guess this will be a good test to see if crime will go up or down in the big cities.

[Gothmog]

Originally Posted by Top Speed

I agree with that decision.

me too

[Orlando_87GN]

Ok, so what does this mean for someone with a concealed weapons permit like myself that is a responsible owner of a 'handgun', Beretta?

[Top Speed]

Originally Posted by Orlando_87GN

Ok, so what does this mean for someone with a concealed weapons permit like myself that is a responsible owner of a 'handgun', Beretta?

Nothing, you don't live in Washington DC.

How's the leg BTW?

[Orlando_87GN]

Ah I see. I must have missed the details about this only affecting D.C.

The leg has been much better since I stopped scratching it! Most of the problem may be self inflicted. Going to the doctor soon!

[ULYCYC]

Originally Posted by Orlando_87GN

Ok, so what does this mean for someone with a concealed weapons permit like myself that is a responsible owner of a 'handgun', Beretta?

Nothing... This will only effect large cities with handgun bans or rules so tuff you can't get a permit.

[Buicksx2]

I've had my permit and Glock and plenty of bullets since 1995 so I am ready to rock

[87natty]

All laws will do is keep law abiding citizens from getting weapons. Thugs will get them no matter what.

[Zap]

The 4 that voted the wrong way should be shot.

[Gothmog]

Originally Posted by ULYCYC

Nothing... This will only effect large cities with handgun bans or rules so tuff you can't get a permit.

I disagree. This is the SC. Their decisions affect the whole country. There will be challenges to gun laws all over the county based on this..

[Gothmog]

Originally Posted by Zap

The 4 that voted the wrong way should be shot.

haha, very clever

[Zap's Master and Superior]

Originally Posted by 87natty

All laws will do is keep law abiding citizens from getting weapons. Thugs will get them no matter what.

Ain't that the truth. Isn't that why they are criminals? Because they break laws. You can't stop criminals with more laws.

[ULYCYC]

Originally Posted by Gothmog

I disagree. This is the SC. Their decisions affect the whole country. There will be challenges to gun laws all over the county based on this..

You better read the decision again. This doesn't mean we can all go to Walmart and buy guns in the morning.