Court: A constitutional right to a gun

News Type: Event — Seeded on Thu Jun 26, 2008 12:54 PM EDT

Article Source: scotusblog.com

us-news, law, constitution, gun-rights, supreme-court-ruling

Answering a 217-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."

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{"commentId":2054950,"authorDomain":"kymlee"}

kymlee

The Court in essence demolished the most recent precedent on the Second Amendment — the ruling in U.S. v. Miller in 1939, relied upon heavily by advocates of gun control (and by the dissenting Justices on Thursday). The opinion tartly remarked: "It is particularly wrongheaded to read Miller for more than what it said, because the case did not even purport to be a thorough examination of the Second Amendment."

{"commentId":2054950,"threadId":"299704","contentId":"1613347","authorDomain":"kymlee"}

1 vote

#1 - Thu Jun 26, 2008 1:01 PM EDT

{"commentId":2055876,"authorDomain":"Griff69"}

Griff69

Wow, so many people (the author, kymlee, not you...) referring to Miller who have obviously not read it.

Miller ruled that the National Firearms Act of 1934 was not unconstitutional because it did not touch upon weapons which were used by the military. They ruled that because the prosecution presented information stating that no military uses shotguns, which is and was a blatant fabrication. The ruling implied but did not state openly that the 2nd protects any and all military style weapons.

The Heller ruling does nothing to contradict Miller. It's yet another decision which says "the second means what it says but we're not going to overturn these unconstitutional laws anyway."

{"commentId":2055876,"threadId":"299704","contentId":"1613347","authorDomain":"Griff69"}

1 vote

#1.1 - Thu Jun 26, 2008 2:12 PM EDT

{"commentId":2058530,"authorDomain":"kymlee"}

kymlee

It's yet another decision which says "the second means what it says but we're not going to overturn these unconstitutional laws anyway."

That's interesting. So does that mean that this ruling has nothing to do with the DC gun ban?

{"commentId":2058530,"threadId":"299704","contentId":"1613347","authorDomain":"kymlee"}

1 vote

#1.2 - Thu Jun 26, 2008 5:15 PM EDT

{"commentId":2059544,"authorDomain":"Griff69"}

Griff69

No, that one they are overturning, but they were very careful to do so in such a way that it's not a blanket wipe of all laws. Now, I'll grant you, there are certainly people that I do not think should be allowed to carry guns. However, that doesn't change the meaning of the word "infringe". Any restriction is unconstitutional, even those I would agree with.

{"commentId":2059544,"threadId":"299704","contentId":"1613347","authorDomain":"Griff69"}

1 vote

#1.3 - Thu Jun 26, 2008 6:21 PM EDT

{"commentId":2062488,"authorDomain":"kymlee"}

kymlee

I haven't read the decision yet, but I'll keep what you've said in mind while doing so.

I need it distilled before I can attempt to process.

{"commentId":2062488,"threadId":"299704","contentId":"1613347","authorDomain":"kymlee"}

1 vote

#1.4 - Thu Jun 26, 2008 11:32 PM EDT

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Supreme Court finds individual right to own guns	Yahoo! News	Thu Jun 26	1
SCOTUS Upholds "Individual Rights" Interpretation of the 2nd Amendment	iarnuocon	Thu Jun 26	55
Analysis: Some answers, more questions in gun case	Associated Press	Thu Jun 26	0
Court rules in favor of Second Amendment gun right	Associated Press	Thu Jun 26	312
High court strikes down gun ban	CNN	Thu Jun 26	1

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Court: A constitutional right to a gun

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