SCALIA'S CLOSE

Opinion of the Court
Justice Scalia, writing for the Majority

We are aware of the problem of handgun violence in this country, and we take seriously the concerns raised by the many amici who believe that prohibition of handgun ownership is a solution.

The Constitution leaves the District of Columbia a variety of tools for combating that problem, including some measures regulating handguns, see supra, at 54–55, and n. 26.

But the enshrinement of constitutional rights necessarily takes certain policy choices off the table. These include the absolute prohibition of handguns held and used for self-defense in the home.

Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.

We affirm the judgment of the Court of Appeals.

It is so ordered.

HELLER PREVAILS.

Supreme Court says Americans have right to guns
By MARK SHERMAN, Associated Press Writer

The Supreme Court ruled Thursday that Americans have a right to own guns for self-defense and hunting, the justices' first major pronouncement on gun rights in U.S. history.

The court's 5-4 ruling struck down the District of Columbia's 32-year-old ban on handguns as incompatible with gun rights under the Second Amendment. The decision went further than even the Bush administration wanted, but probably leaves most firearms laws intact.

The court had 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 was 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.

Writing for the majority, Justice Antonin Scalia said that an individual right to bear arms is supported by "the historical narrative" both before and after the Second Amendment was adopted.

The Constitution does not permit "the absolute prohibition of handguns held and used for self-defense in the home," Scalia said. The court also struck down Washington's requirement that firearms be equipped with trigger locks or kept disassembled, but left intact the licensing of guns.

More here.

OBAMA BLOGS - A RESPONSE

I don't normally write responses to other blogs here... instead, I leave responses as a comment. But in this case, the blog only allows comments from "team members" - and as I'm not a member of their team, I can't leave a comment.

For Reference : The Original Article:
NRA Smears Obama's Stance on Gun Ownership

Barack Obama is trying to walk a fine line between protecting the right to bear arms guaranteed under the Second Amendment and clamping down on more than 30,000 deaths from firearms that happen every year in the United States.

However, the National Rifle Association is against any limitations on gun rights, including banning or controlling any kinds of ammunition...

So is the Constitution.

they are also protecting the right of criminals to have easy access to automatic weapons and high kill rate ammunition

No one has easy, legal access to automatic weapons in this country - except people working for the govt.

Making a statement like that shows how clearly ignorant you are about firearms laws that already exist in this country.

I challenge the author to call a gun shop in this country - ANY gun shop, or hell - even go to a gunshow - and try to legally purchase an automatic weapon. Prepare for a stack of govt paperwork, fees, background checks. Prepare to pay $5000-25,000 for such a weapon.

Relatively speaking, there aren't that many automatic weapons in this country available for the average citizen to purchase. It's difficult, time-consuming, and highly expensive to legally own an automatic weapon.

You're asking for laws to be made that already exist.

And furthermore, what the hell is "high kill rate ammunition"?

The laws Barack Obama supports that the NRA are vehemently against include sensible acts like:

Mandatory waiting periods to purchase a gun

Good idea. People in fear of danger shouldn't have easy access to self-defense. Women being harassed by violent ex-husbands should just rely on hope, or perhaps 911 if the line isn't busy.

Requiring citizens to actually register their firearms

So that if the govt decides to ban them, confiscation will be easier.

Mandatory micro stamping of guns to aid tracing weapons

A technology that only works according to - surprise - the manufacturer. Forensic scientists by and large report that such an effort would have a minimal advantage - if any - in helping to solve crime. Furthermore, microstamping is incredibly easy to defeat. Stop watching CSI and do some research.

Banning inexpensive handguns that make it easier for criminals to acquire

Ok, I'm confused - earlier you implied that criminals don't buy guns; they steal them. Are you also against lower-income families being able to legally purchase a firearm?

Limit gun purchases to one gun a month

Why not 2 per month? Why not 1 per quarter? How exactly have you (or Obama) determined that 30 days is the magic number?

Require training for gun owners

Quite honestly, nearly every gun owner I know is well-trained in the use of their firearm. This is a non-issue in most respects.

Restrict gun ownership to citizens 21 and older

Why not 18 years? Why not 31 years? How is 21 years the magic number? Do criminals wait until they are 21 years old to steal guns and kill people?

Eliminate right to carry concealed weapons

Criminals are already forbidden to carry a weapon - concealed or otherwise. So clearly you are attempting to disallow law-abiding citizens from carrying a concealed weapon.

So - how do you feel about me just carrying a gun around town in a holster on my belt, openly for the world to see? You cool with that?

Ban gun shops from operating within 5 miles of a school

Now this is just complete stupidity. The only reason to create such a law is to be able to close gunshops. There's no safety advantage for the school whatsoever.

Ban resale of police firearms which include high powered assault weapons

I don't buy guns that the police have worn out. Nonetheless, I fail to see what you're concerned about such a thing. Police cannot sell a citizen a gun that the citizen cannot purchase (yes, legally) from a store.

Ban high capacity ammunition magazines that are often used by gang members in drive by shootings and not needed to kill a deer

Here's an idea - why not just ban gang shootings? Or shooting out of cars driving down the road?

Oh, wait. There are already laws against such things. Odd that laws against murder and prisons and death penalties haven't stopped gang shootings, yet you think microstamping will.

By the way... to a few of the other posters, who use terms like "KKK" - gun owners' feelings about Obama's gun control agenda have nothing to do with race.

The fact is, Clinton's agenda is no different when it comes to guns. She wants to ban them all as well - she's just less overt about it when making speeches.