Supreme Court Debates AND AFFIRMS 2nd Amendment

Justices agree on right to own guns By MARK SHERMAN, Associated Press Writer
1 hour, 33 minutes ago

Americans have a right to own guns, Supreme Court justices declared Tuesday in a historic and lively debate that could lead to the most significant interpretation of the Second Amendment since its ratification two centuries ago.

Governments have a right to regulate those firearms, a majority of justices seemed to agree. But there was less apparent agreement on the case they were arguing: whether Washington's ban on handguns goes too far.

The justices dug deeply into arguments on one of the Constitution's most hotly debated provisions as demonstrators shouted slogans outside. Guns are an American right, argued one side. "Guns kill," responded the other.

Inside the court, at the end of a session extended long past the normal one hour, a majority of justices appeared ready to say that Americans have a "right to keep and bear arms" that goes beyond the amendment's reference to service in a militia.

Several justices were openly skeptical that the District of Columbia's 32-year-old handgun ban, perhaps the strictest in the nation, could survive under that reading of the Constitution.

"What is reasonable about a total ban on possession?" Chief Justice John Roberts asked.

Walter Dellinger, representing the district, replied that Washington residents could own rifles and shotguns and could use them for protection at home.

"What is reasonable about a total ban on possession is that it's a ban only on the possession of one kind of weapon, of handguns, that's considered especially dangerous," Dellinger said.

Justice Stephen Breyer appeared reluctant to second-guess local officials.

Is it "unreasonable for a city with a very high crime rate ... to say no handguns here?" Breyer asked.

Alan Gura, representing a Washington resident who challenged ban, said, "It's unreasonable and it fails any standard of review."

The court has 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 is 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.

A key justice, Anthony Kennedy, seemed to settle that question early on when he said the Second Amendment gives "a general right to bear arms." He is likely to be joined by Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas — a majority of the nine-member court.

Gun rights proponents were encouraged.

"What I heard from the court was the view that the D.C. law, which prohibits good people from having a firearm ... to defend themselves against bad people is not reasonable and unconstitutional," National Rifle Association executive vice president Wayne LaPierre said after leaving the court.

Washington Mayor Adrian Fenty said he hoped the court would leave the ban in place and not vote for a compromise that would, for example, allow handguns in homes but not in public places. "More guns anywhere in the District of Columbia is going to lead to more crime. And that is why we stand so steadfastly against any repeal of our handgun ban," the mayor said after attending the arguments.

A decision that defines the amendment's meaning would be significant by itself. But the court also has to decide whether Washington's ban can stand and how to evaluate other gun control laws.

The justices have many options, including upholding a federal appeals court ruling that struck down the ban.

Solicitor General Paul Clement, the Bush administration's top Supreme Court lawyer, supported the individual right but urged the justices not to decide the other question. Instead, Clement said the court should say that governments may impose reasonable restrictions, including federal laws that ban certain types of weapons.

Clement wants the justices to order the appeals court to re-evaluate the Washington law. He did not take a position on it.

This issue has caused division within the administration, with Vice President Dick Cheney taking a harder line than the official position at the court.

In addition to the handgun ban, Washington also has a trigger lock requirement for other guns that raised some concerns Tuesday.

"When you hear somebody crawling in your bedroom window, you can run to your gun, unlock it, load it and then fire?" Justice Antonin Scalia said.

Roberts, who has two young children, suggested at one point that trigger locks might be reasonable.

"There is always a risk that the children will get up and grab the firearm and use it for some purpose other than what the Second Amendment was designed to protect," he said.

On the other hand, he, too, wondered about the practical effect of removing a lock in an emergency. "So then you turn on the lamp, you pick up your reading glasses," Roberts said to laughter.

Dellinger said he opened the lock in three seconds, although he conceded that was in daylight.

While the arguments raged inside, dozens of protesters mingled with tourists and waved signs saying "Ban the Washington elitists, not our guns" or "The NRA helps criminals and terrorists buy guns."

Members of the Brady Campaign to Prevent Gun Violence chanted "guns kill" as followers of the Second Amendment Sisters and Maryland Shall Issue.Org shouted "more guns, less crime."

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."

Dick Anthony Heller, 65, 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 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.

Roberts said at his confirmation hearing that the correct reading of the Second Amendment was "still very much an open issue."



Copyright © 2008 The Associated Press. All rights reserved. The information contained in the AP News report may not be published, broadcast, rewritten or redistributed without the prior written authority of The Associated Press.

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River City Associates
Decatur, Al. 35601

Yup,

And for all these years that the DC Gun Ban has been in effect, there has not been one sinlge murder or shooting with a hand gun.

Yup, the DC residents are so much safer since they banned handguns. Makes you want to move there and raise your family in such a quiet, peaceful city!

Cumbaya Lord, cum..........

ROTFL...Thanks Tony, now I have that stupid song stuck in my head....

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River City Associates
Decatur, Al. 35601

Washington Mayor Adrian Fenty said he hoped the court would leave the ban in place and not vote for a compromise that would, for example, allow handguns in homes but not in public places. "More guns anywhere in the District of Columbia is going to lead to more crime. And that is why we stand so steadfastly against any repeal of our handgun ban," the mayor said after attending the arguments.

It just gets my dander up when the lawyer and the mayor of D.C. think citizens with guns in their homes is going to increase crime. They don't have to worry about having a home invasion robbery. They either live in a gated area, have private security or police protection for them.

So, what do they have to worry about?

My mother, her brothers and sisters probably survived in Mississippi because her father, my grandfather, was one of a few blacks in the entire county that owned a firearm. A 410 gage shotgun.

It was enough to prevent them being harassed or worse by the klan during the early 1900's.

I agree..crime would go down..statistically proven in heavily armed communities.

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River City Associates
Decatur, Al. 35601

I work in DC hunting fugitives. You will get pulled over for just walking away from a door, within sight of an open air drug market, that does not cease to do business when the cops are detaining you until they are satisfied that you are not armed. They will harass and detain you because they do not fear you.

It is the same mentality of arresting those buying drugs while they are being observed doing so, and not going after the dealer. Lock up the dealer, and the rest have to go away and seek their drugs elsewhere. Locking them up doesn't stop them from desiring drugs, just like banning guns is not a deterant to crime. It hasn't stopped any in DC. It has created more victims that are not protected by the LEO that are paid to protect them. Knowing many DC cops, it is not their fault, but years of mis-management.

Scott

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R.E. "Scott" MacLean III

"Leaders are like Eagles, you never see them in a flock, but one at a time"

Chesapeake Group Investigations, Inc.
Chesapeake Bail Bonds
877-574-0500
301-392-1100 (fax)
301-392-1900 (Office)

I like being able to have a gun in the house . . . if the dogs don't get them the gun will convence them

Tony I am glad that your Grandpa owned a gun, because if he did not you might not be here. I have read that Mississippi was (probably still is) a hard place to grow up in. Wasn't Mississippi where alot of the civil rights stuff went down? Where the Feds actually made an attempt to get involved? I am not nearly as good as some at History and that was not a part of the text books being used to educate us. I do remember a couple of movies made about Mississippi's blatant violations of rights. 'Ghosts of Mississippi' and 'Mississippi Burning', I am sure that the movies could not give full rise to the "What and Why" . . . Those were indeed very sad days in the History of OUR Country . . .

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Do not consider anything for your interest which makes you break your word, quit your modesty, or inclines you to any practice which will not bear the light, or look the world in the face .... Marcus Antonius

I AM Some Folks "KARMA" and A MODERATOR @ FRN

Yes, Luvonda, Ms. was part of the civil rights movement. There was an action of attempting to register blacks for voting. Buses of civil rights workers came in by the dozens from all over the country...young, old, black, white, etc all came together to bring Ms. into the 19th century.

3 of those workers came up missing. That's when the Feds got involved. In the movie, it shows the missing 3 being located and recovered..I don't know if that is factually correct.

Atlanta, Memphis, Birmingham....all share in those ugly times. I am a true Southerner...but I don't agree with my culture's politics. I have a lot of good friends of all nationalities, races, etc. We don't always agree on things..but we stay friends through it all.

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River City Associates
Decatur, Al. 35601

and then he died...
God Bless Charlton Heston!

The nuts are running the asylum in DC

Scott

_________________
R.E. "Scott" MacLean III

"Leaders are like Eagles, you never see them in a flock, but one at a time"

Chesapeake Group Investigations, Inc.
Chesapeake Bail Bonds
877-574-0500
301-392-1100 (fax)
301-392-1900 (Office)

I couldnt live anywhere that has a no handgun law I dont believe in (Brinks home security) I believe in Smith and wesson home security.