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 Supreme Court considers " Right to bear Arms"

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Nessa
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PostSubject: Supreme Court considers " Right to bear Arms"   Supreme Court considers " Right to bear Arms" EmptyTue Mar 18, 2008 9:53 am

Supreme Court considers " Right to bear Arms" 0guns

The Supreme Court considers a landmark legal
battle over gun rights Tuesday, taking up for the first time in decades
whether Americans have the right to keep and bear arms.

In
a major case over the meaning of the Second Amendment, a Washington
security guard who wants to keep handguns at home for protection is
challenging the District of Columbia's 32-year-old ban as a violation
of his constitutional rights. A federal appeals court in Washington
agreed that the city cannot ban handguns.
The
Supreme Court is scheduled to hear arguments Tuesday in perhaps the
most closely watched case of the term. It drew 68 briefs from outside
groups, most opposed to the ban, and people began lining up Sunday for
a chance to watch the proceedings.
The court has not conclusively interpreted the
Second Amendment in the 216 years since its ratification. The basic
issue for the justices is whether the amendment protects an
individual's right to own guns or whether that right is somehow tied to
service in a state militia.



'No legitimate use'

The
City Council that adopted the ban said it was justified because
"handguns have no legitimate use in the purely urban environment of the
District of Columbia."
But
( No Swearing ) Anthony Heller, 65, sued the District after it rejected his
application to keep a handgun at his home for self-defense. His lawyers
say the amendment plainly protects an individual's right.
The
court's ruling, expected by the end of June, could have a far-reaching
impact on gun-control laws in the United States and could become an
issue in the November election.

The 27 words and three
enigmatic commas of the Second Amendment have been analyzed again and
again by legal scholars, but hardly at all by the Supreme Court.
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."


Last reviewed in 1939

The
Supreme Court's last review of the Second Amendment came in a five-page
discussion in an opinion issued in 1939 that failed to definitively
resolve the constitutional issue.

The arguments follow a
series of mass shootings in the past year -- multiple killings on at
least three college campuses, two shopping centers and one Missouri
town meeting. Gun deaths average 80 a day in the United States, 34 of
them homicides, according to Centers for Disease Control data.

The case has split the Bush administration.

Solicitor
General Paul Clement, the administration's chief advocate before the
Supreme Court, has adopted the position that individuals have a right
to own a gun, but it is subject to reasonable government regulation.
Clement, who is arguing before the justices, seeks to preserve all of
the current federal restrictions, including a ban on new machine gun
sales, a ban on felons owning guns and required background checks for
new buyers of handguns.

But Vice President ( No Swearing ) Cheney joined
a group of U.S. House of Representatives and Senate members in urging
the court to adopt a stronger stand in favor of gun rights.

Walter
Dellinger, the attorney defending the Washington law, argued the Second
Amendment protected only militia-related firearms rights.

But even if an individual has the right to possess guns, the law should be upheld as a reasonable restriction, he said.

The
third attorney scheduled to appear at the arguments, Alan Gura, said
the law should be struck down. He represents Heller, who lives in a
high-crime neighborhood.

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mkerv
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PostSubject: Re: Supreme Court considers " Right to bear Arms"   Supreme Court considers " Right to bear Arms" EmptyWed Mar 19, 2008 12:58 pm

I've been following this very closely. If interested check out www.nra-ila.org. there is a full transcrpt of the proceedings.

What part of "shall not be infinged" don't they get?
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mkerv
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PostSubject: Re: Supreme Court considers " Right to bear Arms"   Supreme Court considers " Right to bear Arms" EmptyThu Mar 20, 2008 4:45 pm

http://www.nraila.org/News/Read/InTheNews.aspx?ID=10778
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PostSubject: Re: Supreme Court considers " Right to bear Arms"   Supreme Court considers " Right to bear Arms" EmptyThu Mar 20, 2008 4:46 pm

https://www.youtube.com/watch?v=e8SdYqFSJgk&feature=related
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PostSubject: Re: Supreme Court considers " Right to bear Arms"   Supreme Court considers " Right to bear Arms" EmptyFri Mar 21, 2008 6:03 am

mkerv wrote:
https://www.youtube.com/watch?v=e8SdYqFSJgk&feature=related

I bet she's the NRA...Big Grin Seriously though, that was one hell of a speech. I wonder how many Democrats were actually listening that day? I am actually glad Florida has such unrestrained gun laws. As long as it's not fully automatic, you can buy damn near any gun down here. P90, AK-47, AR-15. Yeah, give me one in each color! Wink
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ONECRUNCH
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PostSubject: Re: Supreme Court considers " Right to bear Arms"   Supreme Court considers " Right to bear Arms" EmptyFri Mar 21, 2008 10:53 pm

DC Folks are always complaining about something. Very annoying to see it on teh news everyday
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mkerv
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PostSubject: Re: Supreme Court considers " Right to bear Arms"   Supreme Court considers " Right to bear Arms" EmptyThu Jun 26, 2008 12:51 pm

Supreme Court says Americans have right to guns By MARK SHERMAN, Associated Press Writer
23 minutes ago



WASHINGTON - The Supreme Court ruled Thursday that Americans have a right to own guns for self-defense in their homes, the justices' first major pronouncement on gun rights in U.S. history.

ADVERTISEMENT


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 restrictions 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.

Scalia noted that the handgun is Americans' preferred weapon of self-defense in part because "it can be pointed at a burglar with one hand while the other hand dials the police."

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.

Sen. Dianne Feinstein, D-Calif., a leading gun control advocate in Congress, criticized the ruling. "I believe the people of this great country will be less safe because of it," she said.

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

( No Swearing ) 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 ( No Swearing ) 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.

White House reaction was restrained. "We're pleased that the Supreme Court affirmed that the Second Amendment protects the right of Americans to keep and bear arms," White House spokesman Tony Fratto said.

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.

The last Supreme Court ruling on the topic came in 1939 in U.S. v. Miller, which involved a sawed-off shotgun. Constitutional scholars disagree over what that case means but agree it did not squarely answer the question of individual versus collective rights.

Forty-four state constitutions contain some form of gun rights, which are not affected by the court's consideration of Washington's restrictions.

The case is District of Columbia v. Heller, 07-290.
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