June 26, 2008

DC v. Heller

Filed under: Uncategorized —— elmidgeto @ 8:41 pm

So, it’s been a good day.

 The US Supreme Court ruled that a prohibition on the ownership of handguns is unconstitional and that the Second Amendment is an individual right.

1. The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.

There’s a lot more work to be done, but at least it gives solid footing to start pushing back and regaining ground taken “for the children.”

Another couple quotes from the decision that I find humorous:

“Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications, e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U. S. 27, 35–36 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, founding.”

“We find [the words of the Second Amendment] guarantee the individual right to possess and carry weapons in case of confrontation.”


 Link to the Full Decision

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