High Court Rules in Favor of Gun Rights

Wall Street Journal ^ | June 28, 2010 | Nathan Koppel

[EternalVigilance]

WASHINGTON—The Supreme Court ruled for the first time that gun possession is fundamental to American freedom, giving federal judges power to strike down state and local weapons laws for violating the Second Amendment.

In a 5-4 ruling, the court held that the Second Amendment's right to keep and bear arms is a fundamental right that binds states.

"Self defense is a basic right, recognized by many legal systems from ancient times to the present day," wrote Justice Samuel Alito. He was joined in reaching the result by Chief Justice John Roberts and justices Anthony Kennedy, Antonin Scalia and Clarence Thomas.

An earlier 2008 holding by the Supreme Court, striking down a District of Columbia handgun ban, "unmistakably" required the court to likewise overturn laws in Chicago and its suburb of Oak Park, Ill., that limited handgun possession, Justice Alito's opinion held.

Justice Thomas agreed with the majority on the result but wrote a concurrence offering different constitutional logic for viewing the right to bear arms as fundamental.

[Eric in the Ozarks]

5 to 4.

[Dilbert San Diego]

It’s good to see that again, what we all thought was the plain language of the 2nd amendment, does mean what we all thought it meant.

But with a 5 to 4 vote, who knows what the future holds.

[secondamendmentkid]

complete opinion here:
http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf

Hopefully, this won’t just be an in-home interpretation.

[EternalVigilance]

(But it is disturbing to find four members of the Court who would alienate one of our most important God-given individual rights...)

[Castigar]

” “[N]othing in 18th-, 19th-, 20th-, or 21st-century history shows a consensus that the right to private armed self-defense…is ‘deeply rooted in this nation’s history or tradition’ or is otherwise “

I don’t know how he can say this with a strait face. The Constitution doesn’t grant the right. It pre-existed the Constitution. The Constitution acknowledged it’s exisence and specifically states that it shall ne be infringed.

[Lurker]

Thank God for Clarence Thomas. He’s taking direct aim at Slaughterhouse here.

[DefeatCorruption]

Sotomayor, what else could we expect?

[DBrow]

But he used the magic liberal word, “consensus”, so he’s right!

[Cboldt]

The Supreme Court ruled for the first time that gun possession is fundamental to American freedom, giving federal judges power to strike down state and local weapons laws for violating the Second Amendment.

First time, my butt. The federal judges haven't been reading their own product, and certainly have been unfaithful to the people, as "enforcers" of the the constitution. They are usurpers, and dangerous.

Note the date here, 1886, over 120 years ago.

It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the states, and, in view of this prerogative of the general government, as well as of its general powers, the states cannot, even laying the [second amendment] out of view, prohibit the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security, and disable the people from performing their duty to the general government.

Presser v. Illinois, 116 U.S. 252 (1886)

[LonePalm]

Any public official that is afraid to be surrounded by armed constituents is a public official that the constituents should be armed against.

Garde la Foi, mes amis! Nous nous sommes les sauveurs de la République! Maintenant et Toujours!
(Keep the Faith, my friends! We are the saviors of the Republic! Now and Forever!)
LonePalm, le Républicain du verre cassé (The Broken Glass Republican)

[DCBryan1]

I just read Stephen’s dissent. The guy is an out and out gun bigot. A communist. A statist. Methinks Stephens and Breyer need to have a “Romanian term limit” imposed upon them.

[Oldpuppymax]

The 2nd amendment had very little to do with self defense. The Founders believed it imperative that citizens be armed in order to defend their colonies/homes from invasion or Indian attack. And most important was the belief that the keeping of arms was MANDATORY in order to provide the means to overthrow a tyrannical state/criminal government. But having a gun to shoot some thug who broke into your home...that wasn’t really part of the mix. I truly wish Alito had written just this. That is, that gun ownership is the best and frankly the ONLY means Americans have to prevent thug politicians from enslaving them.

[Mr. Blonde]

I think the majority says they are not going to overrule Slaughterhouse specifically.

[Labyrinthos]

That is correct. However, Justice Thomas filed a decision concurring in part and concurring in the judgment, in which he attacks Slaughterhouse head on.

[Pajama Blogger]

Wise Latina not amused

[RasterMaster]

Kleegle Byrd and his fellow racist JACKASSES are deeply saddened.

[Thunder90]

Barack Obama is not happy today. Expect the TOTUS to make a statement about this by the end of today.

[Raycpa]

It is amazing that its breaking news when the SC rules we have a right protected under the constitution.

[mojitojoe]

No surprise from the wise Latino Odumbo rubber stamp.