DC vs Heller Decision: Individual Right, DC Ban Struck Down
I think we won!
The Supreme Court ruled Thursday that Americans have a right to own guns for self-defense and hunting, the justices’ first major pronouncement on gun rights in U.S. history.
The court’s 5-4 ruling struck down the District of Columbia’s 32-year-old ban on handguns as incompatible with gun rights under the Second Amendment. The decision went further than even the Bush administration wanted, but probably leaves most firearms laws intact.
[…]
Writing for the majority, Justice Antonin Scalia said that an individual right to bear arms is supported by “the historical narrative” both before and after the Second Amendment was adopted.
The Constitution does not permit “the absolute prohibition of handguns held and used for self-defense in the home,” Scalia said. The court also struck down Washington’s requirement that firearms be equipped with trigger locks.
In a dissent he summarized from the bench, Justice John Paul Stevens wrote that the majority “would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons.”
He said such evidence “is nowhere to be found.”
Justice Stephen Breyer wrote a separate dissent in which he said, “In my view, there simply is no untouchable constitutional right guaranteed by the Second Amendment to keep loaded handguns in the house in crime-ridden urban areas.”
Joining Scalia were Chief Justice John Roberts and Justices Samuel Alito, Anthony Kennedy and Clarence Thomas. The other dissenters were Justices Ruth Bader Ginsburg and David Souter.
Update: Excerpts from the opinion (via ScotusBlog):
“We start therefore with a strong presumption that the Second Amendment right is exercised individually and belongs to all Americans.”
“the most natural reading of ‘keep Arms’ in the Second Amendment is to “have weapons.”
“The term was applied, then as now, to weapons that were not specifically designed for military use and were not employed in a military capacity.”
“Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation.”
“Thus, we do not read the Second Amendment to protect the right of citizens to carry arms for any sort of confrontation, just as we do not read the First Amendment to protect the right of citizens to speak for any purpose.”
“The prefatory clause does not suggest that preserving the militia was the only reason Americans valued the ancient right; most undoubtedly thought it even more important for self-defense and hunting.”
“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.”
“Like most rights, the right secured by the Second Amendment is not unlimited.”
“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 of arms.”
Update: Be that last paragraph as it may, this will certainly spell the end of the Chicago ban and “may issue” clauses in state laws. I hope.
33 Responses to “DC vs Heller Decision: Individual Right, DC Ban Struck Down”



on 26 Jun 2008 at 10:15 am # Ian Argent
10:12 Tom Goldstein - Heller affirmed.
10:13 Ben Winograd -
The Court has released the opinion in District of Columbia v. Heller (07-290), on whether the District’s firearms regulations – which bar the possession of handguns and require shotguns and rifles to be kept disassembled or under trigger lock – violate the Second Amendment. The ruling below, which struck down the provisions in question, is affirmed.
Justice Scalia wrote the opinion. Justice Breyer dissented, joined by Justices Stevens, Souter and Ginsburg. We will provide a link to the decision as soon as it is available.
10:13 Tom Goldstein - Second Amendment protects an individual right to possess a firearm.
____________________________________
5/4 is a better break IMHO, it means some of the squishy middle didn’t like the decision
on 26 Jun 2008 at 10:28 am # Ian Argent
http://www.scotusblog.com/wp/wp-content/uploads/2008/06/07-290.pdf
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. Miller’s holding that the sorts of weapons protected are those
“in common use at the time” finds support in the historical tradition
of prohibiting the carrying of dangerous and unusual weapons.
Bother
on 26 Jun 2008 at 10:42 am # Keith
57 pages to read through….
“Dangerous and unusual weapons”…
Not much of a weapon if it isn’t dangerous… Especially if the opposition is a big strong coked up 20 something intent on killing you…
on 26 Jun 2008 at 11:41 am # Ian Argent
“dangerous” can be read (esp in light of the rest of the decision) as “dangerous to people other than the target - IE, probably no flamethrowers.
on 26 Jun 2008 at 12:29 pm # JD
“would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons.”
I don’t get it. . . I thought that they studied this stuff. . . try reading the Federalist Papers and see the fear the people and states had of a strong Federal government and you can see that that is exactly what they meant. They feared the power of the elected officials and wanted to insure the people kept the upper hand.
I do agree that this is a good break on the court, 5/4 means that we won’t get too sure of ourselves in this victory and will keep fighting . . . .
on 26 Jun 2008 at 12:54 pm # Cepik
Roger that JD,
I am happy that we won, but after reading several sites and different analysis, my eyes cross. It will be good to remain vigilant. The anti-gunners aren’t going away.
on 26 Jun 2008 at 1:17 pm # theirritablearchitect
Breifly, if I may;
“The term was applied, then as now, to weapons that were not specifically designed for military use and were not employed in a military capacity…”
Is utter horseshit, as those weapons were not only used in the period (See the Brown Bess, and note who carried and used them), but also generally described as those to be “useful for military purposes” or some similar wording, as a pretext in the Federalist Papers, as well as being specific wording in the 1939 Miller case.
And to which of the schmucks decided to openly announce his/her ignorance of the subject, I SERIOUSLY SUGGEST THAT THEY BE REMOVED FROM THE BENCH, BY WHATEVER MEANS ARE NECESSARY.
on 26 Jun 2008 at 1:22 pm # theirritablearchitect
Breifly, if I may;
“The term was applied, then as now, to weapons that were not specifically designed for military use and were not employed in a military capacity…”
Is utter horseshit, as those weapons were not only used in the period (See the Brown Bess, and note who carried and used them), but also generally described as those to be “useful for military purposes” or some similar wording, as a pretext in the Federalist Papers, as well as being specific wording in the 1939 Miller case.
Professor Volokh has an excellent compendium covering this exact phrasing, in case anyone would care to read it.
And to which of the schmucks on the bench decided to openly announce his/her ignorance of the subject, I SERIOUSLY SUGGEST THAT THEY BE REMOVED, BY WHATEVER MEANS ARE NECESSARY. We can NOT afford such slovenly mental capabilities in this country. Ever.
on 26 Jun 2008 at 2:04 pm # SteVe
Here’s the headline from a Reuters article via Yahoo news:
‘Supreme Court finds individual right to own guns’
Finds? Yup, no bias in the media.
on 26 Jun 2008 at 6:07 pm # Jim McCarthy
Jeff, Just a quick note of hurrah from your Washington, D.C. correspondent. Despite the nuances in the opinion, I have to say I’m thrilled today.
Still, the mayor and the local TV reporters were emphatically discouraging DC residents against trying to obtain a gun. It’s been very hard to get guidance on how to even go about it. Alphecca readers: help me — how can I proceed? I’ve been waiting my entire adult life to exercise a basic American freedom — but I don’t know what the next step is. I promise a full report with photos when I buy my first gun and hold it up in the nation’s capital.
Cheers, Jim McCarthy
on 26 Jun 2008 at 8:01 pm # jed
Jim, contact the NRA to find a list of instructors close to you. Take a trip to Virginia and visit a gun store — won’t help in the immediate, but you can start acquiring information.
I’m betting that the NRA, and maybe some grassroots folks, will be organizing pretty quickly. Be patient, and keep your eyes on the blogs.
on 26 Jun 2008 at 9:04 pm # Gator
Jim,
I don’t live in D.C., but I was wondering that myself. How do D.C. residents go about obtaining a firearm, specifically a handgun? Theoretically, they don’t posess them right now. How did they obtain long guns before? You have to be a resident of the state in which you purchase (or at least receive) the firearm. What state, if any, would D.C. be considered part of? Or would your firearm simply need to be transferred through an FFL dealer who’s located in D.C. (an endangered species, I presume, who may be on the verge of making a comeback.)
Anyone?
on 26 Jun 2008 at 9:16 pm # Drew458
I think it’s a flawed decision, but I haven’t read the whole thing.
It is only a small victory, because even Scalia is trying to do a balancing act. Balancing acts belong in a circus, not in the Supreme Court.
And it should have been 9-0 not 5-4; instead of 157 pages of history and linguistic parsing, the opinion should have been
“What part of ’shall not be infringed’ don’t you understand?”
and that would be that. Instead, we have Space Cadet Stevens actually arguing (a la Bill Clinton and his definition of “is”) that, for the first time in the history of the English language, “to keep and bear” means something different than “to keep and to bear” … and the Black Robes split 5-4 on this. That tells me that this bunch is unable to rise above politics, as is their job. That tells me that this bunch is unable to actually understand what the Constitution is all about, and even from the High Bench they still are willfully blind and push their agendas. They suck.
Fire the 4. They have proven their inability to do their jobs. And term limits for the rest of them, 15 years maximum.
on 26 Jun 2008 at 11:17 pm # Not so quick
“Like most rights, the right secured by the Second Amendment is not unlimited.”
Indeed!
I’m surprised that the idea that people could use guns for home defense and/or hunting was even an issue here (no one was being prosecuted for doing this in D.C.)…common sense gun laws do not prohibit that. The decision also upheld regulating/registration/licensing, which again is just common sense. It still will still be illegal to carry handguns outside of the home in D.C. BTW.
So much for judicial precedent & the safety of communities though…
on 26 Jun 2008 at 11:34 pm # Hardy
NRA Board Member Bob Barr talks about the decision
http://www.youtube.com/watch?v=bOBj-0d-iCg
on 27 Jun 2008 at 4:19 am # dagamore
As I have posted other places, here is my quick look at it. Both the good and the bad. still reading.
I am reading it over now, heard about it on scotusblog.com(iirc) live, and it sounds like a step in the right direction but it still allows way too many limits on what is a right, not a privilege.
My quick notes, still working on this, will update later (read when done reading the damn thing and have better comprehension of it all.)
The good.
Upheld the 2nd Amendment as an individual right.
States that the prefatory clause doe not limit the operative clause of the 2a.
Finlay defines militia as all males capable of physically capable of acting in concert for the common defense.
And Total bans are a bad thing, possibly cause for challenging the bans in places like New York NY, and Chicago IL, and San Francisco CA. This total ban might also give because for challenging the 86 law, and the steel core ammo import ban, could also be a cause for readdress of the 68 GCA, or the 34 NFA. All good things.
Now the bad. (Insert sad panda face here)
2a is a limited right.
Upheld Miller as ok to limit access to weapons not “in common use at the time”, but see above the 34 NFA made the fire arms not ‘in common use at the time’ then and now, so this might be ok to limit non common use, but if the NFA made them non-common use could that be seen as an infringement, would most likely need a case just to prove this. Also this upholding of Miller just about guaranties that they can not pass another ‘assault weapon ban’ and that’s a very good thing.
Licenses are ok, but you don’t need a license for a right. This is bad because if you need a license then you have it revoked, or not issues in the first place sort a like they do for CCW in CA.
Permits are ok, but you don’t need a permit for a right. See above.
Registration is ok, but you don’t have a registration for a right. See above, and keep in mind that if there is a registration then it is easy to confiscate them after a ban.
And finally the big one, the 2nd amendment might only apply in the house. If this is true, does it mean that we no longer have a right of self defense outside of the house?
Just my quick 2 cents.
on 27 Jun 2008 at 4:24 am # Keith
Not so Quick,
Licensing is not fine, it is simply a precursor to confiscation of legitimately held guns.
That’s why I no longer have my Ruger Mk1 Pistol or my P38, but how the crimminals in England are able to increase their misuse of guns, virtually unhindered.
Licensing just lines the law abiding folk up to have their rights infringed, and with zero or in England’s case dramatically negative impacts on public safety.
Put another way, Crimminals can bring banned drugs into countries tons at a time, they can just as easily bring in the guns and ammunition to defend their profits with, and not need go near a license that you and me have to jump through hoops and dance to tunes played on the arse trumpet to get.
on 27 Jun 2008 at 5:53 am # Not so quick
“then it is easy to confiscate them after a ban.”
What ban?? You mean the type of ban that they just struck down as unConstitutional?? The type of ban that will apparently NEVER come to pass now in this country?
“it is simply a precursor to confiscation of legitimately held guns.”
No, it isn’t…don’t buy into the fear.
No rights are universal…even the Right-wingers on the Court know that…learn it yourselves…
on 27 Jun 2008 at 6:12 am # Keith
I’m not buying into fear, I’m writing about personal experience of having to go to the police station and hand in my licensed pistols in 1998.
I had committed no crime, I was one of 50,000 law abiding British people who received collective punishment following trial by media.
Britain’s criminals still have their unlicesed (and never licensed firearms):
http://www.timesonline.co.uk/tol/news/uk/crime/article2328368.ece
Licensing has no crime reducing effect (if you know otherwise, tell me where it has done), Just take a look at the attempts to trace guns used in crime, what the hell use was all the hassle of keeping the paperwork for?
What it does is allow malign authorities to come and disarm a population. Two Prime examples are:
Germany in the 1930’s
Norway in the days following the Nazi invasion.
No population sets out to end up with a dictatorship, but they keep on occuring. It is as well to avoid having regulations that help dictators consolidate their power, as that is when the deaths really start happening; millions of deaths.
I could bore you with the breakdown in numbers of people murdered by their Govts in the 20th century, but i have better things to do with my day than amuse a troll.
on 27 Jun 2008 at 6:20 am # Keith
Not so Quick,
If you are going to use quotation marks
try quoting something I actually wrote, not what you’d have wanted me to write.
on 27 Jun 2008 at 7:18 am # jonathan
they’ve already filed suit against chicago for its gun ban.
Lord Daley is crapping his boxers. hee hee.
on 27 Jun 2008 at 5:56 pm # Not so quick
“I’m writing about personal experience of having to go to the police station and hand in my licensed pistols in 1998.”
This isn’t the UK…or “Germany in the 1930’s” or “Norway in the days following the Nazi invasion”. Don’t buy into the fear…it will rule your life…
I never misquote people, period.
on 28 Jun 2008 at 3:40 pm # straightarrow
NSQ, it is not buying into fear to realize reality.
This may not be the U.K. or 1930’s Germany, but people are pretty much the same the world over and we could become just like those places.
We were well on the way and if you think the struggle is over you are a few gallons shy of a full tank.
on 28 Jun 2008 at 6:55 pm # Not so quick
“This may not be the U.K. or 1930’s Germany, but people are pretty much the same the world over and we could become just like those places.”
This is a textbook fear statement, but whatever…
on 29 Jun 2008 at 6:08 am # DaveP.
not so suick:
It isn’t England… or Norway…
But is it Massachusetts? Or New York City? Or California? Or Chicago? Or Washington D.C.? Or any one of a dozen other municipalities where citizens have been told to “Turn ‘em in” or face arrest and imprisonment?
So far, the only people who are saying that the fight’s over and we can all go back to sleep now… are those who wanted to steal our liberties in the first place. They have an ulterior motive and from your language, I feel they share it with you.
on 29 Jun 2008 at 4:03 pm # Not so quick
LOL…obviously the fight isn’t over, but don’t overblow a Court decision that basically overturned an “extreme” gun law. Has anyone who wasn’t already a felon actually been jailed in this country for not turning in a handgun?
on 29 Jun 2008 at 4:41 pm # straightarrow
yes
on 30 Jun 2008 at 4:14 am # Keith
“I never misquote people, period.”
Go back and check, the posts are there for all to see
Keith.
on 30 Jun 2008 at 3:53 pm # Not so quick
Learn to read. I quoted you, dagamore, & straightarrow.
on 01 Jul 2008 at 3:25 am # Keith
Not so quick, go back and read it again:
I wrote:
“Licensing is not fine, it is simply a precursor to confiscation of legitimately held guns.”
and:
“Licensing just lines the law abiding folk up to have their rights infringed,”
Somehow from that you wrote:
““then it is easy to confiscate them after a ban.”
What ban??… ”
Perhaps you’re right, perhaps I should learn to read:
to read like a left wing troll, who, with the eyes of a true believer can see things written that aren’t actually there.
But for the moment, I’ll just stay the way I am, I’ll read what is written, and I’ll write about what actually happened.
Oh yes, here’s a US example of why registration would be a very bad idea:
http://xavierthoughts.blogspot.com/2008/06/guns-found-in-chef-menteur-pass.html
on 01 Jul 2008 at 10:48 pm # Not so quick
“then it is easy to confiscate them after a ban.”
dagamore said this.
“it is simply a precursor to confiscation of legitimately held guns.”
You said this.
It IS possible to repsond to more than one person in a post yanno…once again…learn to read & get off my back! This isn’t the UK…
After Katrina, there were states of emergency & the like, and the police, unfortunately, were doing anything they could to quell looting & violence. Some people that had their guns confiscated were able to get them back sucessfully…I’ve already seen stories about them. Sure, they weren’t too happy about it all, and I can’t say that I blame them.
on 01 Jul 2008 at 11:00 pm # theirritablearchitect
Not so quick,
When the line forms for the turn in…I’M GOING TO FIND YOU!!!
DO YOU UNDERSTAND?
GET THE HELL OUT OF HERE, NOW!
The means for a new ban is plain as day in the text of the decision, AND I POSTED IT RIGHT THERE, FOR ALL TO SEE.
I can, and will, come, at some point.
Count on it.
BTW, what’s your twenty, I need to know?
on 02 Jul 2008 at 4:41 pm # Not so quick
You’re not going to find anyone…you’re crazy…check your medication…