Thursday, June 26, 2008

DC v Heller: Supreme Court Confirms 2nd Amendment Protects an INDIVIDUAL Right

In the DC v Heller case by a margin of 5 to 4 the Supreme Court ruled today that yes, the Second Amendment does in fact protect the individual right to bear arms. Full Decision available here as a pdf. From page 67 of the PDF, labeled as page 64 on the document itself is the decision:

DISTRICT OF COLUMBIA v. HELLER
Opinion of the Court

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. Assuming that Heller is not disqualified from the exercise of Second Amendment rights, the District must permit him to register his handgun and must issue him a license to carry it in the home.

We are aware of the problem of handgun violence in this country, and we take seriously the concerns raised by the many amici who believe that prohibition of handgun ownership is a solution. The Constitution leaves the District of Columbia a variety of tools for combating that problem, including some measures regulating handguns, see supra, at 54–55, and n. 26. But the enshrinement of constitutional rights necessarily takes certain policy choices off the table. These include the absolute prohibition of handguns held and used for self-defense in the home. Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.

We affirm the judgment of the Court of Appeals.

It is so ordered.
H/T to Down Range TV.

4 comments:

Silence Dogood said...

Thank god! I have been arguing against the DC gun ban for years. I live across the river in Arlington. Check out my blog against Obama http://road2serfdom.blogspot.com/

Doctor S. said...

If the court should ever declare part of the Constitution 'extinct' or strike out any part, they are striking our country and it is time for war. An attack on the Constitution is an attack on the country itself and must lead to civil war.

John A said...

"In the DC v Heller case by a margin of 5 to 4 the Supreme Court ruled today that yes, the Second Amendment does in fact protect the individual right to bear arms."

Actually, it was 9-0. The 5-4 split was about whether SCOTUS should go further or stop there and send the case back to lower courts.

Dustin said...

Thanks for the Tip John, I had not heard that. I have not yet finished reading the full decision document as it is very long but very interesting. I'll probably see that in there somewhere by the time I'm done. Thanks again :)