First the first time since 1791, the Supreme Court has made a ruling conclusively interpreting the rights guaranteed under the Second Amendment of the Constitution. District of Columbia v. Heller, challenged a 32-year-old-ban on handgun ownership in the nations capital city and put a new twist to the debate on whether the amendment should be interpreted solely as the right to create “well regulated militias” or whether it allowed for individual gun ownership without restriction.
The 5-4 decision fell along ideological lines with Antonin Scalia writing the majority opinion joined by Chief Justice John Roberts, Samuel Alito, Anthony Kennedy and Clarence Thomas.
Dick Anthony Heller is an armed security guard who sued the District after rejecting his application to keep a handgun at his home for protection. The U.S. Court of Appeals had ruled in Hellar’s favor stating that an individual’s right to own arms was obstructed by a total ban on handguns.
In addition to striking down D.C.’s handgun ban the ruling also lifted the restriction that firearms be equipped with trigger locks or kept disassembled. Scalia did say in his opinion that the ruling should not “cast doubt on long-standing prohibitions on the possession of firearms by felons or the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings.”
Similar gun laws will now be challenged across the country and it is unlikely that this will be the final say between those debating the interpretation of the Second Amendment and the extent to which gun control can be carried out by cities, states and the federal government.
“Today’s decision is a landmark victory for Second Amendment freedom in the United States. For this first time in the history of our Republic, the U.S. Supreme Court affirmed that the Second Amendment right to keep and bear arms was and is an individual right as intended by our Founding Fathers. I applaud this decision as well as the overturning of the District of Columbia’s ban on handguns and limitations on the ability to use firearms for self-defense.
“Unlike Senator Obama, who refused to join me in signing a bipartisan amicus brief, I was pleased to express my support and call for the ruling issued today. Today’s ruling in District of Columbia v. Heller makes clear that other municipalities like Chicago that have banned handguns have infringed on the constitutional rights of Americans. Unlike the elitist view that believes Americans cling to guns out of bitterness, today’s ruling recognizes that gun ownership is a fundamental right — sacred, just as the right to free speech and assembly.
“This ruling does not mark the end of our struggle against those who seek to limit the rights of law-abiding citizens. We must always remain vigilant in defense of our freedoms. But today, the Supreme Court ended forever the specious argument that the Second Amendment did not confer an individual right to keep and bear arms.”
Meanwhile in light of the decision the Obama campaign is attempting to reverse course on a statement given to the Chicago Tribune last year which suggested he supported the ban. The campaign now says those comments were “inartful”.
But the campaign of Democratic presidential hopeful Barack Obama said that he “believes that we can recognize and respect the rights of law-abiding gun owners and the right of local communities to enact common sense laws to combat violence and save lives. Obama believes the D.C. handgun law is constitutional.”
From ABC News:
The Chicago Tribune clip from Nov. 20, 2007, is an inaccurate representation of Obama’s views, according to Burton, because the presumptive Democratic presidential nominee has refrained from developing a position on whether the D.C. gun law runs afoul of the Second Amendment.
When Obama has been asked on multiple occasions to weigh in on the D.C. gun case he has regularly maintained that the Second Amendment provides an individual right while at the same time saying that right is not absolute and that the Constitution does not prevent local governments from enacting what Obama calls “common sense laws.”
Although he has been willing to describe his general views on this topic, Obama has sidestepped the question of whether the ban in the nation’s capital runs afoul of the Second Amendment.
Today the Obama campaign has released the following statement on the Court’s decision:
I have always believed that the Second Amendment protects the right of individuals to bear arms, but I also identify with the need for crime-ravaged communities to save their children from the violence that plagues our streets through common-sense, effective safety measures. The Supreme Court has now endorsed that view, and while it ruled that the D.C. gun ban went too far, Justice Scalia himself acknowledged that this right is not absolute and subject to reasonable regulations enacted by local communities to keep their streets safe. Today’s ruling, the first clear statement on this issue in 127 years, will provide much-needed guidance to local jurisdictions across the country.
As President, I will uphold the constitutional rights of law-abiding gun-owners, hunters, and sportsmen. I know that what works in Chicago may not work in Cheyenne. We can work together to enact common-sense laws, like closing the gun show loophole and improving our background check system, so that guns do not fall into the hands of terrorists or criminals. Today’s decision reinforces that if we act responsibly, we can both protect the constitutional right to bear arms and keep our communities and our children safe.
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