1. News & Issues

Discuss in my forum

Robert Longley

Supreme Court Backs Individual Gun Rights

By , About.com GuideJune 26, 2008

Follow me on:

In a landmark gun control decision, the U.S. Supreme Court today issued a 5-4 ruling overturning a District of Columbia law banning the possession of handguns. In its decision in the case of D.C. vs. Heller, the Court found that the 32-year-old handgun ban violated the Second Amendment’s guarantee of the right to keep and bear arms.

Today's decision marks the first time in its history that the Supreme Court has clearly established that the Second Amendment guarantees the right of gun ownership to individual citizens, rather than granting the states a "collective" right to form armed militias.

The Second Amendment Reads: A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

In the Court's majority opinion, Justice Antonin Scalia wrote, "It was plainly the understanding in the post-Civil War Congress that the Second Amendment protected an individual right to use arms for self-defense."

The D.C. law overturned today prohibited the private ownership of handguns by any District resident who did not own one prior to the law’s enactment in 1976. Considered one of the strictest gun control laws in the nation, it also required all legally owned handguns to be stored unloaded and either disassembled or fitted with trigger locks.

Analysis:
District of Columbia v. Heller (Civil Liberties)
Annie Get Your Gun (Women's Issues)

Also See:
High Court Opts Out of Gun Rights Debate (2002)
Does the Second Amendment Protect the Right to Bear Arms?
The Brady Handgun Control Act

Comments

June 27, 2008 at 7:17 am
(1) Marcia Purse says:

Are there figures for what the effect of the DC law was? Did the number of deaths and injuries from guns go down after the law was enacted?

Regardless, I can’t remember the last time a simple headline made me feel so sick first thing in the morning.

Marcia
About.com Guide to Bipolar Disorder

June 27, 2008 at 7:30 am
(2) Robert says:

Marcia — The DC handgun law had little if any effect on the violent crime rate in the district. During the ban, more than 8,400 people were murdered in the district, many killed by handguns. Nearly 80 percent of the 181 murders in 2007 were committed with guns. D.C.’s homicide rate actually peaked in 1991, when 479 people were murdered.

June 27, 2008 at 7:32 am
(3) Robert says:

Hi Marcia — The ban had little, if any effect on crime in the district. During the ban, more than 8,400 people were murdered in the district, many killed by handguns. Nearly 80 percent of the 181 murders in 2007 were committed with guns. Homicides in the district actually peaking in 1991, when 479 people were murdered.

Robert

June 27, 2008 at 10:17 am
(4) Marcia Purse says:

Good god – glad I don’t live there!

Thanks, Robert.

Marcia

July 2, 2008 at 3:17 pm
(5) Steven says:

Yes,God bless The Supreme Court.I don’t even own
a gun. And never have. But I am tired of big
business and politicians manipulating our Amendments for their own needs.

April 29, 2009 at 3:15 pm
(6) john says:

How are they manipulating the amendments when they are working to protect americans………your insane man

June 2, 2009 at 11:38 am
(7) James says:

The fact that violent crime didn’t go down but got worse and that many of the murders were done using handguns proves the adage “if you make guns illegal only the criminals will have guns”. We deserve the right given us by the 2nd ammendment and upheld by the Supreme court to be able to bear arms to defend ourselves from these violent people.

July 13, 2010 at 7:38 pm
(8) Debbie says:

That’s just it John, it’s up to who is interpreting the law. Clearly if the government has been working to protect Americans, what do you say about the state of the economy? What do you say to each family who still has a soldier overseas? What do you think of the Gridlock we are in? Are you sure all of the consequences of these acts still working for us?
You should take a good look above and beyond yourself to tell someone else they are crazy.

January 16, 2011 at 9:40 pm
(9) James Bedard says:

Does the second Amendment give us a right to defend ourself in a court of law ?

June 29, 2011 at 11:06 am
(10) cpt cool says:

i think that gun laws should be more strictly enforced because of all the violent video games and high crime rates of today

March 11, 2012 at 4:10 pm
(11) MojaveMike says:

cpt cool:

Gun laws a rigorously enforced everywhere in the USA except when undermined by the White House Administration (see Operation Fast and Furious). Have you ever heard of law enforcement being lax when a firearm is involved? I’ve witnessed countless examples of dealers and individual sellers denying sales to people when they suspect criminal intent. When you look at penalties involved for not following gun laws you see why people are extremely careful to abide.

Leave a Comment


Line and paragraph breaks are automatic. Some HTML allowed: <a href="" title="">, <b>, <i>, <strike>
Top Related Searches gun rights supreme court

©2013 About.com. All rights reserved.