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Thursday, June 26, 2008

DC v. Heller Affirms Limited Gun Rights

So Justice Scalia and four colleagues finally put in writing that the Second Amendment gives us the right to pack heat in our homes, even if we aren't arming ourselves for service in the militia the Constitution mentions. Strict constructionists, where art thou?

But don't get too excited, Second Amendment brothers and sisters. Before you try reviving the guns-on-campus bill the South Dakota Legislature rejected this year, read Scalia's opinion:

Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion 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 [Supreme Court of the United States, District of Columbia et al. v. Heller, No. 07-290, slip opinion, 2008.06.26, p. 2].

Guns in your house? O.K. But guns in schools and courthouses, as some gun activists call for? Even Justice Scalia recognizes that's silly.

6 comments:

  1. The militia of the late 18th century was us - we, the people. It was not necessarily affiliated with the state, county or region. It was similar to the volunteer fire department - all able bodied men . . . It is amazing that so few know so little of our history and it is appalling that this decision was 5-4, and that people criticize it - the same folks who criticize the erosion of our Fourth Amendment rights under the recent FISA silliness.

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  2. THe number of killings is much less in cities that allow private citizens to have guns. Outlawing the guns in Washington DC actually increased the number of deaths due to guns. Hard for the anti-gun people to realize. When guns are outlawed, only outlaws have guns. A cliche but true.

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  3. Another reason this upcoming election is so important is underscored by this decision - if Obama wins and appoints more liberal judges, and if this decision had come up then, this decision would have gone completely the other way. If you don't believe that, look at the only judges who dissented on this opinion regarding guns in DC.

    If Obama wins and appoints liberal judges to the Supreme Court, this country truly will have change, and it won't be for the better. That's why it is important for people who believe in the right to bear arms to get out and vote to keep that right.

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  4. I suspect that the murder rate in any particular place has more to do with the mindset and culture of the locals than with the gun laws.

    I found the idea of letting students pack heat on South Dakota campuses to be ridiculous. But I could see why people would want to carry concealed guns in, say, downtown Miami.

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  5. It is appalling. It should have been 9-0. One wonders if four of the justices can read and comprehend or where they were during their history classes.

    So the "keep" part has been affirmed. Now the "bear" part needs addressing along with the "shall not be infringed" piece.

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  6. Stan,

    When you're right, you're right. The mindset goes something like this: "I don't got to worry about no dude bustin a cap on my ass, cause they ain't allowed to have no guns." And the culture is goes: "Yeah, you had a tough life and all being arrested 57 times, so you just plead guilty to this small time charge saving us all that court hassle and we'll take your word that you'll be good from now on."

    ReplyDelete

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