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Supreme Court Ruling Backs Individual Gun Rights

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The U.S. Supreme Court declared Monday that individual gun rights under the Second Amendment apply and may be used to block enforcement of certain restrictive state and local gun control ordinances. By a 5-4 vote along the court's familiar ideological lines, the justices jeopardized two Illinois ordinances and threw hundreds more around the nation into doubt. At the same time, however, the court reiterated its view that lawmakers could continue to impose certain reasonable restrictions on gun ownership and possession.

Justice Samuel Alito wrote the majority opinion in McDonald v. Chicago that, unsurprisingly, relied extensively upon the court's 2008 decision in Heller v. District of Columbia. In the Heller case, the court first and famously recognized an individual gun right under the Second Amendment to block a very restrictive federal ban on handguns. "In Heller," Justice Alito wrote Monday, "we held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense." To now treat that recognized right "as a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees," Justice Alito wrote, would track against common sense and the court's precedent.

In reaching it's widely anticipated ruling, the court also endorsed much of the rationale provided by those who challenged the Illinois statute. "If, as petitioners believe, their safety and the safety of other law-abiding members of the community would be enhanced by the possession of hand-guns in the home for self-defense," Justice Alito wrote, "then the Second Amendment right protects the rights of minorities and other residents of high-crime areas whose needs are not being met by elected public officials."

Yet even as the court's majority took away power from state and local legislators, it sought to reassure them -- and gun control advocates around the nation. The Second Amendment, he wrote, like all other constitutional rights, is not absolute. "We made it clear in Heller, Justice Alito wrote, "that our holding did not cast doubt on such longstanding regulatory measures as 'prohibitions on the possession of firearms by felons and the mentally ill,' 'laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.' We repeat those assurances here. Despite municipal respondents' doomsday proclamations, incorporation does not imperil every law regulating firearms."

In dissent, Justice John Paul Stevens wrote to say that he would not have voted to "incorporate" the substance of the Heller ruling to apply to state and local regulations like the ones at issue in Illinois. "Even accepting the Court's holding in Heller, Justice Stevens wrote on his final day of a 35-year career on the Court, "it remains entirely possible that the right to keep and bear arms identified in that opinion is not judicially enforceable against the States, or that only part of the right is so enforceable. It is likewise possible for the Court to find in this case that some part of the Heller right applies to the States, and then to find in later cases that other parts of the right also apply, or apply on different terms."

The ruling all but assures a great deal of litigation over the scope of the McDonald ruling. We will now see a wave of lawsuits by gun rights advocates seeking to invalidate gun control measures across the country. Many of these challenges will succeed -- especially where the local or state gun laws are similar to the one struck down in Heller or challenged in McDonald. At the same time, state lawmakers around the country are likely to struggle to discern the true scope of the Heller-McDonald analysis. Does a gun restriction fall under the scope of the Second Amendment? Or is it one of those "longstanding regulatory measures" that Justice Alito expressly endorsed for the majority?

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tbossart

andrc657: The point in this country is we have a Constitution that recognizes certain rights, one being gun ownership. We, in America, are all free to decide if ownership and use of a firearm is something we desire. Here is a "fact" for you to chew on, medical doctors kill far more people than guns...in fact, one is over 10 times (stat sites will vary a bit on this from 6-10) more likley to be killed by a medical doctor than a gun in the USA....

June 30 2010 at 12:42 PM Report abuse +1 rate up rate down Reply
tbossart

Heller adressed the issue of reasonable restrictions on private gun ownership. This recent rulling applies that to states as well as federal. Period. The aopinon written by Justice Alito clearly reiterates the one in Hller by again saying resonable restrictions will not be impacted negatively by these rulings. This ruling will only be of concern to those whoa re so vehmently anti gun that they they do not see ANY resoan for ANYONE to EVER use let alone own a gun. It is about time the court set this issue to rest. EVERY recent ruling by the Supreme Court on private citizen gun ownership has come down on the side of the gun owner. As it should.

June 30 2010 at 12:35 PM Report abuse +1 rate up rate down Reply
jrmcnelis

This is concerning, very few (almost none) of the posters on this thread understand the basics of Constitutional Law.

That the 2nd Amendment restricts Fed govt interference on the right to own a gun privately was settled by Heller. This decision merely incorporates that right to prohibt State govts. from interfering with that right. Nothing more, nothing less.

And no, not all of the Bill of Rights are currently incorporated by the 14th Amendment. For example, there is no State right to a Grand Jury, and many states do not have them.

Traditionally, conservatives oppose incorporation as an infringement on States Rights, and liberals favor incorporation as an expansion of civil liberties.
This 2nd Amendment issue is the only exception where the sides switch.

But the dissent claiming that the 2nd isn't incorporated is a conservative judicial view holding that the Framers restricted the FEDERAL govt and not the STATES from regulating their militias.

I favor total incorporation, so I applaud this decision....but at least I understand what was decided, what was not, and what it means.
I also understand that Kagan replacing Stevens would NOT impact this decision.

If this post (mine) seems like common sense, congrats to you on your high school plus education. Scroll downward for a good laugh at the other posts.

If this post of mine confuses you...then do some more research before commenting in response.

June 29 2010 at 10:28 PM Report abuse +5 rate up rate down Reply
chrerv

I understand why every contingent couldn't be addressed in this first version to get passed. Now what needs to be addressed is the way the gun laws disproportionately and adversely affect african americans. The reason I point out this particular ethnic group is because of the origin of the gun law, in effect, insuring that this particular group would be able to protect themselves from retribution post-slavery. The issue at hand is how "convicted felons" are still affected and grouped only with those of mental instablility. Once a sentence is served and any parole or probation concluded, an individual should be immediately returned to the status of "American Citizen" and thereby enjoy any and all rights afforded to every other "American Citizen". It has been proven that the "war on drugs" disproportionately targeted young african american males who were often plea bargained into accepting illegal felony convictions. This should be considered and individuals who were convicted of "non violent" offenses should be allowed their status of "American citizen" post any attachment to the state to include parole and/ or probation. Just as voting rights have been restored, so to should gun owning rights be restored. More often than not, those former convicts are residing in low or lower income areas but have married and begun families. Do they not have the right to protect their families because of offenses committed sometimes years prior to these marriages and childrens births? It is offensive to believe that an "American Citizen" who votes and pays taxes is NOT ALLOWED to protect is or her family in their own home. How American is that?

June 29 2010 at 8:31 PM Report abuse +1 rate up rate down Reply
AARON BOUTWELL

When you hear glass breaking in the middle of the night...it's better to have a gun and not need it than to need a gun and not have it!

June 29 2010 at 7:05 PM Report abuse +5 rate up rate down Reply
schicatano2

I have guns I use them for hunting and I also have it just incase something should happen down the road. Im glad to have that choice, if taken away, crimminals will still find away to get a gun.

June 29 2010 at 7:04 PM Report abuse +5 rate up rate down Reply
AZ Stang

That was way too close a vote when the issue was Constutionally protected individual rights!! Makes you wonder what those 4 "justices" were thinking. Just like a lock on a door or gate only keeps out honest people, people who carry guns legally usually aren't the ones committing crimes with them.

June 29 2010 at 6:58 PM Report abuse +3 rate up rate down Reply
andrc657

There are more people killed by guns in the USA than in any other country on earth.

June 29 2010 at 3:58 PM Report abuse -7 rate up rate down Reply
gangster07

don't blame the gun blame the shooter...why is it that some idiot goes off some place shooting people and the rest of us lose the right to defend ourselves...FINALLY, supreme court did something right...but it was WAY to close! the thought of going against the Constitution just shows the lack of patriotism in this country! they proved how un-American they are, our founding fathers wouldn't give them the time of day!

June 29 2010 at 3:40 PM Report abuse +6 rate up rate down Reply
Rob & Kathy

"If the people fear the government, you have tyranny". If the government fears the people, you have liberty". - Thomas Jefferson

June 29 2010 at 11:11 AM Report abuse +10 rate up rate down Reply

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