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Second Amendment Rights Confirmed
- By William Ramsay
- Published 07/8/2008
- National News
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William Ramsay
View all articles by William RamsayOn June 26, 2008, by a 5 to 4 decision, the Supreme Court upheld the federal appeals court ruling, striking down the D.C. gun law. Justice Antonin Scalia, writing for the majority, stated, "In sum, we hold that the District's ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense ... We affirm the judgment of the Court of Appeals.” This ruling upholds the first federal appeals court ruling ever to void a law on Second Amendment grounds.
The Court based its reasoning on the grounds:
- that the operative clause of
the Second Amendment—"the right of the people to keep and bear Arms,
shall not be infringed"—is controlling and refers to a pre-existing
right of individuals to possess and carry personal weapons for self-defense
and intrinsically for defense against tyranny,
based on the bare meaning of the words, the usage of "the
people" elsewhere in the Constitution, and historical materials on
the clause's original public meaning;
- that the prefatory clause, which
announces a purpose of a "well regulated Militia, being necessary to
the security of a free State", comports with the meaning of the
operative clause and refers to a well-trained citizen militia,
which "comprised all males physically capable of acting in concert
for the common defense", as being necessary to the security of a free
polity;
- that historical materials
support this interpretation, including "analogous arms-bearing rights
in state constitutions"
at the time, the drafting history of the Second Amendment, and
interpretation of the Second Amendment "by scholars, courts, and
legislators" through the late nineteenth century; and
- that none of the Supreme
Court's precedents
forecloses the Court's interpretation, specifically United States v. Cruikshank
(1875), Presser v. Illinois (1886), nor United States v. Miller (1939).
However, "[l]ike most rights, the Second Amendment is not unlimited. It is not a
right to keep and carry any weapon whatsoever in any manner whatsoever and for
whatever purpose." The Court's opinion, although refraining to undertake
an exhaustive analysis of the full scope of the right, "should not be
taken to cast doubt on longstanding prohibitions on the possession of firearms
by felons and the mentally ill, or 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."
Therefore, the
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