Warning

 

Close
Confirm Action

Are you sure you wish to do this?

Cancel Confirm
AR15.COM
AR Sponsor
6/26/2008 7:28:59 AM EDT
Good news.

WASHINGTON - 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.

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."

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

Gun rights supporters hailed the decision. "I consider this the opening salvo in a step-by-step process of providing relief for law-abiding Americans everywhere that have been deprived of this freedom," said Wayne LaPierre, executive vice president of the National Rifle Association.

The NRA will file lawsuits in San Francisco, Chicago and several of its suburbs challenging handgun restrictions there based on Thursday's outcome.

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."

In a concluding paragraph to the his 64-page opinion, Scalia said the justices in the majority "are aware of the problem of handgun violence in this country" and believe the Constitution "leaves the District of Columbia a variety of tools for combating that problem, including some measures regulating handguns."

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.

6/26/2008 7:33:20 AM EDT
[#1]
hock.gif
6/26/2008 7:34:58 AM EDT
[#2]
Good news indeed!  What's that loud grinding noise I hear?  Oh yeah, it's the sound of teeth gnashing in campaign headquarters all over the country.

6/26/2008 7:40:42 AM EDT
[#3]
Great news, but this is a technical forum and this post belongs in general discussion
6/26/2008 7:56:36 AM EDT
[#4]
....or legal discussions.

I wonder how this would play into future ban attempts of "assault weapons"?

Time to change from "assault rifle" to "defensive carbine" for public & media lingo.
6/26/2008 8:31:25 AM EDT
[#5]
So does this change anything on machine gun laws?
6/26/2008 8:35:23 AM EDT
[#6]

Quoted:
So does this change anything on machine gun laws?


No. If it did you'd hear the cheers across the nation.....except in the Democratic Campaign Headquarters.
6/26/2008 8:40:57 AM EDT
[#7]
What? Did ya miss the 800 locked topics in GD.

6/26/2008 9:07:41 AM EDT
[#8]
It is a good day for the residence of D.C. and our nation as a whole. Hopefully, this decision will set a precedence for future legislation for the optimistic gun owners of this country. The language of the 2nd Amendment has now been upheld by the U.S. Supreme Court. There can be no dispute. Was there ever? Not in my book. Long may our banners wave.

6/26/2008 9:22:49 AM EDT
[#9]
Live vote:

www.msnbc.msn.com/id/25391991/
6/26/2008 9:37:22 AM EDT
[#10]
I found this one particularly amusing:

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."

That is exactly the point.  Whats the first thing the British did when they smelled a revolution coming? Start to take up weapons.  So of course the framers wanted to limit the tools to regulate civilian weapons.  

Without civilian weapons, there would be no United States.
6/26/2008 12:09:36 PM EDT
[#11]
Yes, hooray and praise the Lord!

The scary part is that it was a 5 to 4 decision.  One more liberal appointment to the bench and it would have went the other way.  What kind of justices do you think Obama or McCain would appoint?!
6/26/2008 12:17:47 PM EDT
[#12]
Cav-scout, yer so right.  Where do they find these yoyos at.  I can't believe a judge that has obviously studied American History somewhere in his legal training, would even say anything so outlandish.  Lemme guess which party he is affiliated with...
6/26/2008 12:25:19 PM EDT
[#13]
This is only a partial victory. It left restrictions in place and also will encourage lower court interpretations that will test the meaning of this ruling. We must stay vigilant and keep our dollars going to the NRA.
6/26/2008 12:27:25 PM EDT
[#14]
thanks for the NRA
6/26/2008 12:32:11 PM EDT
[#15]

Quoted:
thanks for the NRA


Yes, and don't forget the smaller but more faithful Gun Owners of America!
6/26/2008 12:40:38 PM EDT
[#16]

Quoted:

Quoted:
thanks for the NRA


Yes, and don't forget the smaller but more faithful Gun Owners of America!


+1
6/26/2008 12:48:18 PM EDT
[#17]
I'm with sonrider657, a 5 to 4 vote is to close for comfort.
6/26/2008 12:50:33 PM EDT
[#18]


Why are these traitors allowed to walk among the people of this country?
The Bill of Rights (note; it's RIGHTS not Privileges)  has 10 Articles (called "amendments")  All were written by the same hand with the same quill on the same day under the same roof by the same man.
The words "The People" and "People" appear in 6 of the 10 Articles.  How can 4 "justices" say that the words "the people" mean the people in 5 of these references, but in the 2nd Article it means "government agents and employees"

The people of this nation had better wake up, and they'd better do it quick.
ONE vote came between them and the total destruction of the Bill of Rights, this very morning.  The anti-gunners say that "the people" means the militia, which is the cops and the military.  that's an outright lie.
At the end of the revolution the continental army was disbanded.   It was not re-organized again until 1812.  The states had some local militias, but none were under state government.  ALL were under county governments, and all were voluntary.  They NEVER issued a weapon when a man enlisted.  It was up to the man to bring one.  So, the guns had to exist in private ownership BEFORE militia service was started.
Another point:
The anti-gunners have lied to all that will listen (and especially the BATF and the FBI, and every government sponsored public school from 1st grade to collage) that "militia" means the National Guard.  Well folks, the National Guard was founded by T. Roosevelt in 1899.  The Bill of rights was ratified on Dec 12, 1791.  So, we see another outright lie.

Another point;
If "the people" of the 2nd amendment means the government and it's selected personal, than it would have to mean the same in the other 9 Articles.  Right?
Remember,  it's all the same baod of law all written by the same man on the same sheet.
So....ONE VOTE came between the collapse of out Constitutional Republic a few hours ago, and the "news' networks won't say a word about that.
Folks, take note of all this and spread it to everyone you can.  The "news" is controlled by the FCC which is bought and paid for by the Rockefeller family.
If you think the Republic and it's Constitution will get "fair coverage' but the "news' you are foolish.  It's like a Jew going to the Gestapo to complain about the actions of the SS
WAKE UP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Yet, cops at every level just 'follow orders"
If we go the way of Stalin's Russia and Hittler's Germany, it's going to be the fault of all those that don't get involved.  START by educating the cops that work for you.  

DON'T ALLOW these lies to be taught in the schools as if they were fact.  GET INVOLVED in your local school district.  Remember, you pay the taxes, and they are NOW your masters, they are your servants.   The responsibility belongs to every one of us.
6/26/2008 1:12:14 PM EDT
[#19]
height=8
Quoted:
Why are these traitors allowed to walk among the people of this country?
The Bill of Rights (note; it's RIGHTS not Privileges)  has 10 Articles (called "amendments")  All were written by the same hand with the same quill on the same day under the same roof by the same man.
The words "The People" and "People" appear in 6 of the 10 Articles.  How can 4 "justices" say that the words "the people" mean the people in 5 of these references, but in the 2nd Article it means "government agents and employees"

The people of this nation had better wake up, and they'd better do it quick.
ONE vote came between them and the total destruction of the Bill of Rights, this very morning.  The anti-gunners say that "the people" means the militia, which is the cops and the military.  that's an outright lie.
At the end of the revolution the continental army was disbanded.   It was not re-organized again until 1812.  The states had some local militias, but none were under state government.  ALL were under county governments, and all were voluntary.  They NEVER issued a weapon when a man enlisted.  It was up to the man to bring one.  So, the guns had to exist in private ownership BEFORE militia service was started.
Another point:
The anti-gunners have lied to all that will listen (and especially the BATF and the FBI, and every government sponsored public school from 1st grade to collage) that "militia" means the National Guard.  Well folks, the National Guard was founded by T. Roosevelt in 1899.  The Bill of rights was ratified on Dec 12, 1791.  So, we see another outright lie.

Another point;
If "the people" of the 2nd amendment means the government and it's selected personal, than it would have to mean the same in the other 9 Articles.  Right?
Remember,  it's all the same baod of law all written by the same man on the same sheet.
So....ONE VOTE came between the collapse of out Constitutional Republic a few hours ago, and the "news' networks won't say a word about that.
Folks, take note of all this and spread it to everyone you can.  The "news" is controlled by the FCC which is bought and paid for by the Rockefeller family.
If you think the Republic and it's Constitution will get "fair coverage' but the "news' you are foolish.  It's like a Jew going to the Gestapo to complain about the actions of the SS
WAKE UP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Yet, cops at every level just 'follow orders"
If we go the way of Stalin's Russia and hittlets Germany, it's going to be the fault of all those that don't get involved.  START by educating the cops that work for you.
DON'T ALLOW these lies to be taught in the schools as if they were fact.  GET INVOLVED in your local school district.  Remember, you pay the taxes, and they are NOW your masters, they are your servants.   The responsibility belongs to every one of us.


WORD.

6/26/2008 1:23:20 PM EDT
[#20]
It's terrifying how close this decision really was.

6/26/2008 1:24:06 PM EDT
[#21]
The reason for the 1st 2cnd and 4th ammendments is how things went here in Boston..the massacre 8 years before for protesting and excercising free speach hence the first ammendment..the 2cnd..in Boston the british told the populace they had to register their muskets and we see how the british went to Lexington to capture arms and powder stores..and the 4th like is true in England today was true here in Boston the british would kick down anyones door to search for weapons...

Boston was the first to revolt before congress ever voted to go to war...with Johna Adams and the newly appointed General washington we set this countrys birth in motion.Now NRA start challenging "assault" weapon bans.as far as the national guard they would be not considered militia because they are supplied and kept by the federal government...real militia aka "the people" were expected to show for service with a weapon,ammunition and equipment in common use at the time.
6/26/2008 1:59:45 PM EDT
[#22]
Good ruling, but there are plenty of discussions going on in General Discussion.

We will lock this one and have everyone interested go to GD for the celebration in progress.
6/26/2008 2:00:02 PM EDT
[#23]
Non Technical Topic
AR Sponsor