ILNews

SCOTUS makes history, shoots down gun ban

Michael W. Hoskins
January 1, 2008
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Answering a 217-year-old constitutional question, the U.S. Supreme Court issued a historic ruling this morning that the Second Amendment protects an individual's right to have a gun in his or her home.

The ideologically split 5-4 decision in District of Columbia, et al. v. Heller, No. 07-290, struck down a city handgun ban in Washington, D.C., and defined the scope of the gun rights amendment to the U.S. Constitution for the 21st century.

Specific to this case, the court affirmed a Circuit Court ruling striking down the city's 1976 law banning handguns and allowing only disassembled or locked rifles and shotguns. Heller, a security guard, challenged the law after police refused to issue a license allowing him to keep a handgun in his home for protection.

In a cumulative 157-page decision that included two dissenting opinions, the court dissected the Second Amendment's scope for the first time since 1939, and wrote a court document laced with many historic references, legal analysis, and caselaw citations.

The court analyzed the language that says, "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."

This ruling is the first time in almost seven decades the court has considered the Second Amendment's scope, though the ruling in U.S. v. Miller, 307 U.S. 174, 179 (1939), didn't directly deal with this interpretation of the language - meaning it's the first time since the Bill of Rights was ratified in 1791 that the court has taken on this monumental task.

Justice Antonin Scalia wrote for the majority that - despite times and gun varieties changing since 1791 and how the court is aware of the handgun violence problems that exist - the Second Amendment applies to modern society.

"Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our nation, where well-trained police forces provide personal security and where gun violence is a serious problem," he wrote in the 64-page majority opinion. "That is perhaps debatable, but what is not debatable is that it is not the role of this court to pronounce the Second Amendment extinct."

Majority justices rejected arguments that the Second Amendment applied only to those arms that existed during the 18th century, pointing to caselaw on how the First and 14th Amendments also apply respectively to modern forms of communications and search methods. It applies to "all instruments that constitute bearable arms" and doesn't just apply to those participating in structured military organizations, the court wrote.

But the court wrote that "like most rights, the right secured by the Second Amendment is not unlimited," and used that to emphasize that it isn't casting doubt on long-standing bans on carrying a concealed gun or on gun possession by felons or the mentally retarded, and that laws putting conditions on gun sales and barring guns from schools or government buildings still apply.

Justices John Paul Stevens and Stephen Breyer dissented in their own opinions, noting that the majority limited state legislators from regulating gun control and no evidence outside of "historical narratives" leads to the conclusion reached by the majority that the constitution's framers intended to limit that action.

"I can find no legal basis for launching the courts on such a formidable and potentially dangerous a mission," Justice Breyer wrote, referring to the decision's potential to throw into doubt gun laws across the nation. "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."

Sixty-seven amici briefs were filed in the case, with 47 in support of Heller's Second Amendment right and 20 wanting a reversal to scale back the scope. Indiana Attorney General Steve Carter is one of 31 state attorneys general who signed an amicus brief in support of the individual right, arguing that the Second Amendment applies to the rights of individuals, not states. Another brief from Congress recognized 250 House of Representative members and 55 Senators who supported Heller, including five of nine Indiana representatives but no Hoosier senators. Those included are: Representatives Dan Burton, Steve Buyer, Joe Donnelly, Michael Pence, and Mark Souder.
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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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