Big Win for the Right to Arms

Jacob Sullum | June 26, 2008

In a five-to-four decision, A.P. reports, the Supreme Court has declared that the Second Amendment protects an individual right to own firearms for self-defense, one that is violated by the District of Columbia's gun ban. "The decision goes further than even the Bush administration wanted," A.P. says, "but probably leaves most firearms laws intact." Since the Justice Department urged the Court to send the case back for further ajudication, deciding the constitutionality of the gun ban either way would have gone further than it wanted.

More to come.

Comments

Guy Montag|6.26.08 @ 10:45AM|#

YEAAAAA!!!!

So when can I use my TN CCP in DC? Is Mr. Heller applying for one of those soon?

Also, anybody know how far the NRA is going to flipflop on their position of this case?

Other Matt|6.26.08 @ 10:48AM|#

Also, anybody know how far the NRA is going to flipflop on their position of this case?


Well, they were the entire motivating force behind it, dontcha know. If it weren't for them, it wouldn't have happened. They were the sole motivating force behind it.

Brett|6.26.08 @ 10:54AM|#

This is excellent news for sure, particularly given the court's obsession with precedence.

I haven't read the opinion yet, only a few comments about it. I would be shocked if it was worded in such a way that forced states to allow CCPs (or CHLs, whatever), or even honor CCPs from other states. I'd assume it would simply be used to allow guns to be kept in the home.

J Golden Rockwell|6.26.08 @ 10:57AM|#

No.

The big win is for the young mother who hears her door smash open at 3 in the morning.

|6.26.08 @ 11:02AM|#

In defense of the NRA's position on the case, 5-4 ain't exactly a slam dunk. If one justice had flipped we'd have a precedent for the collective right bullshit.

Other Matt|6.26.08 @ 11:10AM|#

In defense of the NRA's position on the case, 5-4 ain't exactly a slam dunk. If one justice had flipped we'd have a precedent for the collective right bullshit.

Which is fine if they say "Whew, we were worried about that one, glad it went our way and we were wrong up front". However, if they say "Yep, we were the driving force and the only real firearm rights group!" as history would indicate, they'd be full of shit.

Seitz|6.26.08 @ 11:21AM|#

The big win is for the young mother who hears her door smash open at 3 in the morning.

Well, that is until she finds out it's the cops who are breaking in, which she's likely not to do until after shooting one of them in self defense. Then it's off to the slammer with her.

|6.26.08 @ 12:38PM|#

"Although we do not undertake an
exhaustive historical analysis today of the full scope of the
Second Amendment, nothing in our opinion should 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 ..."

get ready for the new health care nazis to do mandantory mental test on ALL children so that they can classify them as mentally ill in one of the hundreds of new mental ilnness created every year.

|6.26.08 @ 1:10PM|#

Then it's off to the slammer morgue with her.

Daniel Reeves|6.26.08 @ 2:49PM|#

Fuck yeah gun rights!

|6.26.08 @ 3:11PM|#

Cool.

|6.26.08 @ 3:23PM|#

I would be shocked if it was worded in such a way that forced states to allow CCPs (or CHLs, whatever), or even honor CCPs

On a practical level, that would be the best thing, but I agree it's unlikely. In fact, I don't there will be any existing gun laws that will be reversed, unless they constituted an outright ban similar to D.C.'s. Maybe in Chicago potential gun owners could get some relief.

Mr. X|6.26.08 @ 4:09PM|#

Well, they were the entire motivating force behind it, dontcha know. If it weren't for them, it wouldn't have happened. They were the sole motivating force behind it.

I hope that was sarcasm, because it's a fucking lie. The NRA tried to kill this case in the cradle, and only decided they liked it after that attempt was thwarted.

Their behavior was so reprehensible that I almost gave up my membership.