Supreme Court strikes down D.C. handgun ban and confirms individual right to own firearms!
WASHINGTON - June 26, 2008 - The
Supreme Court, splitting along ideological lines, today declared that the
Second Amendment protects an individual's right to own guns for self-defense,
striking down the District of Columbia's ban on handgun ownership as unconstitutional.
The 5 to 4 decision, written by Justice Antonin Scalia represented a monumental change in federal jurisprudence and went beyond what the Bush regime had counseled. It said that the government may impose some restrictions on gun ownership, but that the District's strictest-in-the-nation ban went too far under any interpretation.
Scalia wrote that the Constitution leaves the District a number of options for combating the problem of handgun violence, "including some measures regulating handguns."
"But the enshrinement of constitutional rights necessarily takes certain policy choices off the table," he continued. "These include the absolute prohibition of handguns held and used for self-defense in the home."
The court also held unconstitutional the requirement that shotguns and rifles be kept disassembled or unloaded or outfitted with a trigger lock. The court called it a "prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense."
Scalia was joined by the most consistently conservative justices - Chief Justice John G. Roberts Jr., Anthony M. Kennedy, Clarence Thomas and Samuel A. Alito Jr.
Justice John Paul Stevens spoke from the bench to denounce the decision, which he said violated the court's precedent that the Second Amendment refers to a right to bear arms only for military purposes.
He spoke dismissively of the court's "newly discovered right" and said decisions about gun control should be made by legislatures.
"This court should stay out of that political thicket," he said. Stevens was joined in dissent by the court's most consistent liberals: David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer.
In announcing the opinion, Scalia specifically mentioned that some restrictions on owning and carrying a gun are valid, such as denying the sale to felons or the mentally ill, or restricting the possession of guns in "sensitive places," such as schools.
But he acknowledged that the majority opinion was not setting standards that might be easily apparent to governments deciding how to restrict gun rights. As a result, Scalia said the ruling will probably result in more litigation.
"Since this case represents this court's first in-depth examination of the Second Amendment, one should not expect it to clarify the entire field," Scalia wrote. "And there will be time enough to expound upon the historical justifications for the exceptions we have mentioned if and when those exceptions come before us."