6/26/2008

Supreme Court overturns DC Gun Ban in 5-4 Decision

The Supreme Court of the United States has overturned the Washington, D.C. gun ban in a 5-4 decision:

Answering a 127-year old constitutional question, the Supreme Court ruled on Thursday that the Second Amendment protects an individual right to have a gun, at least in one's home. The Court, splitting 5-4, struck down a District of Columbia ban on handgun possession.

Justice Antonin Scalia's opinion for the majority stressed that the Court was not casting doubt on long-standing bans on gun possession by felons or the mentally retarded, or laws barring guns from schools or government buildings, or laws putting conditions on gun sales.

In District of Columbia v. Heller (07-290), the Court nullified two provisions of the city of Washington's strict 1976 gun control law: a flat ban on possessing a gun in one's home, and a requirement that any gun - except one kept at a business - must be unloaded and disassembled or have a trigger lock in place. The Court said it was not passing on a part of the law requiring that guns be licensed.

Is Chicago next?

More to follow...


UPDATE: 9:40am

11th Congressional District GOP nominee Marty Ozinga praises the supreme court victory for second amendment rights in this release:

MOKENA, IL - 11th Congressional District GOP nominee Marty Ozinga praised the U.S. Supreme Court on Thursday for overturning the Washington, D.C. gun ban as unconstitutional.

"This law violated an individual's second amendment right to keep and bear arms," Ozinga said. "I am pleased that the Supreme Court has finally recognized an American citizen's right to own a gun.

"The Second Amendment protects an individual right to possess a firearm…for traditionally lawful purposes, such as self-defense within the home," Justice Antonin Scalia wrote for the majority. The Supreme Court's 5-4 decision stated that American citizens have the right to own a gun for hunting and self-defense purposes.

UPDATE: 10:09am

Gov. Rod R. Blagojevich released this statement on the Supreme Court Ruling on Gun-Control Law:

CHICAGO - "I want express my extreme disappointment with the decision issued today by the
Supreme Court. Every day, around the country, too many lives are lost to senseless gun violence.
The Courts decision today will only add to the pain that parents, classmates and communities are
forced to endure. It will also put more police officers at risk. I am an advocate for common sense
gun laws. Gun laws that save lives, protect communities and offer greater safety protections for
police officers. I look forward to working the Illinois General Assembly to provide additional
protections for Illinois communities."

UPDATE: 10:45am

Sen. John McCain issued the following statement regarding today's
United States Supreme Court ruling on District of Columbia v. Heller:

"Today's decision is a landmark victory for Second Amendment freedom in the
United States. For this first time in the history of our Republic, the U.S.
Supreme Court affirmed that the Second Amendment right to keep and bear arms
was and is an individual right as intended by our Founding Fathers. I
applaud this decision as well as the overturning of the District of
Columbia's ban on handguns and limitations on the ability to use firearms
for self-defense.

"Unlike Senator Obama, who refused to join me in signing a bipartisan amicus
brief, I was pleased to express my support and call for the ruling issued
today. Today's ruling in District of Columbia v. Heller makes clear that
other municipalities like Chicago that have banned handguns have infringed
on the constitutional rights of Americans. Unlike the elitist view that
believes Americans cling to guns out of bitterness, today's ruling
recognizes that gun ownership is a fundamental right -- sacred, just as the
right to free speech and assembly.

"This ruling does not mark the end of our struggle against those who seek to
limit the rights of law-abiding citizens. We must always remain vigilant in
defense of our freedoms. But today, the Supreme Court ended forever the
specious argument that the Second Amendment did not confer an individual
right to keep and bear arms."

UPDATE: 12:55pm

The National Rifle Association had fits of girlish excitement as the Supreme Court declares today that the Second Amendment guarantees and individual the right to keep and bear arms, overruling the DC ban on guns.

"This is a great moment in American history. It vindicates individual
Americans all over this country who have always known that this is their
freedom worth protecting," declared NRA Executive Vice President Wayne
LaPierre. "Our founding fathers wrote and intended the Second Amendment to
be an individual right. The Supreme Court has now acknowledged it. The
Second Amendment as an individual right now becomes a real permanent part of
American Constitutional law."

…"Anti-gun politicians can no longer deny that the Second Amendment
guarantees a fundamental right," said NRA chief lobbyist Chris W. Cox. "All
law-abiding Americans have a fundamental, God-given right to defend
themselves in their homes. Washington, D.C. must now respect that right."

UPDATE: 4:51pm

Mayor Daley responds with usual amusing candor:

"Does this lead to everyone having a gun in our society?" Daley asked while speaking at a Navy Pier event. "If they [the Supreme Court] think that's the answer, then they're greatly mistaken. Then why don't we do away with the court system and go back to the Old West, you have a gun and I have a gun, and we'll settle it in the streets if that's they're thinking."

"We think we're such an improved society," he added. "The rest of the world is laughing at us."

UPDATE: 4:51

What does Barack Obama think of today's Supreme Court ruling?

In a statement he released today, he showed his support for this ruling:

"I have always believed that the Second Amendment protects the right of individuals to bear arms, but I also identify with the need for crime-ravaged communities to save their children from the violence that plagues our streets through common-sense, effective safety measures," Obama said in a paper statement. "The Supreme Court has now endorsed that view, and while it ruled that the D.C. gun ban went too far, Justice Scalia himself acknowledged that this right is not absolute and subject to reasonable regulations enacted by local communities to keep their streets safe. Today's ruling, the first clear statement on this issue in 127 years, will provide much-needed guidance to local jurisdictions across the country.
"As President, I will uphold the constitutional rights of law-abiding gun-owners, hunters, and sportsmen," Obama said, mindful no doubt of the popularity of gun rights in states he hopes to convert from red to blue, such as Virginia, North Carolina, and Missouri. "I know that what works in Chicago may not work in Cheyenne. We can work together to enact common-sense laws, like closing the gun show loophole and improving our background check system, so that guns do not fall into the hands of terrorists or criminals. Today's decision reinforces that if we act responsibly, we can both protect the constitutional right to bear arms and keep our communities and our children safe."

But wasn't it just last year that his campaign told the Chicago Tribune that Obama "believes that we can recognize and respect the rights of law-abiding gun owners and the right of local communities to enact common sense laws to combat violence and save lives. Obama believes the D.C. handgun law is constitutional"??? Hmmm...See for yourself...

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Filed Under: National Politics

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