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May 22, 2012
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Home > Quality of Life > Culture & Society > Supreme Court Upholds Second Amendment

Supreme Court Upholds Second Amendment

Published Jun 29, 2010

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By Daniel Essek
Founder, Society for Liberty and Prosperity
Handgun Training
Training is recommended in the Use of Handguns

Voting as a highly divided court, the Supreme Court on Thursday upheld the Second Amendment which allows citizens the right to own guns to protect themselves in their homes.

The 5-4 landmark decision was the first time the Court had expressly mandated this right and for the first time gives a legal answer to a major historic debate.

Gun Owners of America rejoices in the fact that the U.S. Supreme Court ruled in favor of Otis McDonald.  In doing so, the Court ruled that the Fourteenth Amendment applies the right to keep and bear arms to all 50 states.

"This is great news for Otis McDonald in Chicago and even greater news for citizens that are languishing under restrictive gun control laws across the country," said Erich Pratt, Director of Communications for Gun Owners of America.

The court had not conclusively interpreted the Second Amendment since its ratification in 1791. The 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."

Writing for the court in a case involving restrictive laws in Chicago and one of its suburbs, Justice Samuel Alito said that the Second Amendment right "applies equally to the federal government and the states."

"The right to keep and bear arms must be regarded as a substantive guarantee, not a prohibition that could be ignored so long as the States legislated in an evenhanded manner." wrote Justice Samuel Alito for the five justice majority saying

Many major politicians quickly weighed in on the decision. Mayor Daley of Chicago was visibly agitated indicating that the decision would force more responsibility on mayoral staffs. Senator Diane Feinstein was solemn in her condemnation of the decision even though as she said she "knew it was coming."

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 right to keep and bear arms must be regarded as a substantive guarantee, not a prohibition that could be ignored so long as the States legislated in an evenhanded manner

The ruling builds upon the Court's 2008 decision in D.C. v. Heller that invalidated the handgun ban in the nation's capital. More importantly, that decision held that the Second Amendment right to keep and bear arms was a right the Founders specifically delegated to individuals. The justices affirmed that decision and extended its reach to the 50 states. Today's ruling also invalidates Chicago's handgun ban.

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 or kept disassembled, but left intact the licensing of guns.

Scalia noted that the handgun is Americans' preferred weapon of self-defense in part because "it can be pointed at a burglar with one hand while the other hand dials the police."

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."

GOA submitted an amicus brief in this case.  The National Rifle Association was also ecstatic that the High Court had essentially endorsed their position.

Gun rights supporters hailed the decision. "I consider this the opening salvo in a step-by-step process of providing relief for law-abiding Americans everywhere that have been deprived of this freedom," said Wayne LaPierre, executive vice president of the National Rifle Association.

The NRA will file lawsuits in San Francisco, Chicago and several of its suburbs challenging handgun restrictions there based on Thursday's outcome.

As usual, there are those who vow to fight the ruling and have admonished those who back the position. The arms' ruling comes on the heels of another emotional 5-4 Supreme Court decision not to allow states to execute child rapists; it has been an emotional week.

In examining the positions of people on the different side of the issue, it would appear that those against gun control see the passage of such a law as not only infringing on their rights of ownership but making them targets of criminals who will not care about any law.

Those people who are against the ruling seem to think that much of the violence, especially in urban areas, occurs because of the simple fact that there are more guns around; the "presence of large numbers".

Tags: Americans, Chicago, Constitution, Court. Chicago, D.C. v. Heller, Daley, Diane Feinstein, Director of Communications, Erich Pratt, Founders, Fourteenth Amendment, Gun Owners of America, Gun rights, High Court, Justice, Justice Stephen Breyer, Mayor, National Rifle Association, NRA, Otis McDonald, Samuel Alito, San Francisco, Scalia, Second Amendment, Senator, Supreme Court, Washington, Wayne LaPierre

Related links

  • National Rifle Association
  • Gunowners of America

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