Posted on 06/26/2008 7:58:54 AM PDT by E. Pluribus Unum
UPDATE 10:52: The opinion can be downloaded here. Relevant quotes from the majority opinion can be found here, and a replay of our LiveBlog can be found here. Tom’s commentary is here.
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. Although times have changed since 1791, Justice Antonin Scalia said for the majority, “it is not the role of this Court to pronounce the Second Amendment extinct.”
Justice Scalia’s opinion stressed that the Court was not casting doubt on long-standing bans on carrying a concealed gun or on gun possession by felons or the mentally retarded, on laws barring guns from schools or government buildings, and 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. It said that issuing a license to a handgun owner, so the weapon can be used at home, would be a sufficient remedy for the Second Amendment violation of denying any access to a handgun.
Justice Scalia’s recitation from the bench of the majority’s reasoning continued for 16 minutes. Justice John Paul Stevens followed, for seven minutes, summarizing the reasons for two dissenting opinions — his and one written by Justice Stephen G. Breyer.
The decision was the final one of the Term and, after issuing it, the Court recessed for the summer, to return on Monday, Oct. 6. Chief Justice John G. Roberts, Jr., said that concluding orders on pending cases will be released by the Court Clerk at 10 a.m. Friday.
By a vote of 5-4 we still have a Republic!
Only a 5-4? Four justices simply do not care what the words say.
We Win!!!!
Mostly.
Its a good day.
I’m actually surprised.
Which liberal switched from opposing the death penalty for child molesters to supporting the Constitution?
Legacy of George Bush. All you bashers can toss the crow in the pressure cooker now.
“Four justices simply do not care what the words say.”
No, they care...they just interpreted them wrongly.
Kennedy, I'm sure.
Of those four dissenting justices, how many were appointed by Republican presidents?
Praise the Lord.
Wonder what the candidates will say when they “comment” on this ruling. Especially Hussein himself, after all he’s a Chicago politician and Chicago is the most gun-grabbing city in the USA besides DC!
While it is a victory, this part gives me the willies. Licensing is upheld, even though the court seems to order D.C. to issue a license. Maybe we even get "shall issue" for licenses to posses guns in the home. Therefore the government is allowed to compile a list of gun owners, so that the roundup may proceed if this is ever challenged, or if we are ever invaded by a foreign power.
And, draconian laws against conceal carry seem to be upheld.
I think the bashers prefer fried. Or smoked.
No thanks. I'll just turn up the heat a little on the frog in my saucepan.
It's like I tell my wife when she asks me if 'that gun' is loaded.
"It's not any good unless it's loaded.", I say.
Yep.
Still free and a republic.
Kennedy
Thanks for posting. Very interesting.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
Justice Kennedy
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