Justices Agree on Right to Own Guns

AP via SFGate ^ | 3/18/8 | MARK SHERMAN, Associated Press Writer

[SmithL]

WASHINGTON (AP) -- 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."

[paratrooper82]

Thanks, that is great, I had not seen that before. I would have responded sooner, but, my unit is moving back into Indian Country.
Keep up the fight for our rights.
Eight duce on the loose!

[Lancey Howard]

That was Judge Breyer, the justice who is least concerned with the Constitution.

[Smokin' Joe]

...we anticipate that the court will rule once and for all that the right to keep and bear arms is a fundamental individual civil right

In which case, conspiracy to deny someone, anyone, their civil rights is actionable in court. No wonder the Brady Bunch has their knickers in a knot...

[Nachoman]

Robert Paulsen and his collectivist tripe is conspicuously absent today.

[mr_hammer]

I noticed that too!

[djf]

No, he’s here, peddling his sludge. Over on this thread.

http://www.freerepublic.com/focus/f-news/1987102/posts?q=1&;page=150

I totally destroyed his argument in my post at #150