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Speak Up! Memphis

“Right to Bear Arms”: Supreme Court Hears Arguments

WASHINGTON (AP) - The Supreme Court appeared ready Tuesday to endorse the view that the Second Amendment gives individuals the right to own guns, but was less clear about whether to retain the District of Columbia's ban on handguns.

The justices were aware of the historic nature of their undertaking, engaging in an extended 98-minute session of questions and answers that could yield the first definition of the meaning of the Second Amendment in its 216 years.

A key justice, Anthony Kennedy, left little doubt about his view when he said early in the proceedings that the Second Amendment gives "a general right to bear arms."

Several justices were skeptical that the Constitution, if it gives individuals' gun rights, could allow a complete ban on handguns when, as Chief Justice John Roberts pointed out, those weapons are most suited for protection at home.

"What is reasonable about a ban on possession" of handguns?" Roberts asked at one point.

But Justice Stephen Breyer suggested that the District's public safety concerns could be relevant in evaluating its 32 year-old ban on handguns, perhaps the strictest gun control law in the nation.

"Does that make it unreasonable for a city with a very high crime rate...to say no handguns here?" Breyer said.

Solicitor General Paul Clement, the Bush administration's top Supreme Court lawyer, supported the individual right, but urged the justices not to decide the other question. Instead, Clement said the court should allow for reasonable restrictions that allow banning certain types of weapons, including existing federal laws.

He did not take a position on the District law.

While the arguments raged inside, advocates of gun rights and opponents of gun violence demonstrated outside court Tuesday.

Dozens of protesters mingled with tourists and waved signs saying "Ban the Washington elitists, not our guns" or "The NRA helps criminals and terrorist buy guns."

Members of the Brady Campaign to Prevent Gun Violence chanted "guns kill" as followers of the Second Amendment Sisters and Maryland Shall Issue.Org shouted "more guns, less crime."

A line to get into the court for the historic arguments began forming two days earlier and extended more than a block by early Tuesday.

The high court's first extensive examination of the Second Amendment since 1939 grew out of challenge to the District's ban.

Anise Jenkins, president of a coalition called Stand Up for Democracy in D.C., defended the district's prohibition on handguns.

"We feel our local council knows what we need for a good standard of life and to keep us safe," Jenkins said.

Genie Jennings, a resident of South Perwick, Maine, and national spokeswoman for Second Amendment Sisters, said the law banning handguns in Washington "is denying individuals the right to defend themselves."

The court has not conclusively interpreted the Second Amendment in the 216 years since its ratification. The basic issue for the justices is whether the amendment protects an individual's right to own guns or whether that right is somehow tied to service in a state militia.

Even if the court determines there is an individual right, the justices still will have to decide whether the District's ban can stand and how to evaluate other gun control laws. This issue has caused division within the Bush administration, with Vice President *** Cheney taking a harder line than the administration's official position at the court.

The local Washington government argues that its law should be allowed to remain in force whether or not the amendment applies to individuals, although it reads the amendment as intended to allow states to have armed forces.

The City Council that adopted the ban said it was justified because "handguns have no legitimate use in the purely urban environment of the District of Columbia."

*** Anthony Heller, 65, an armed security guard, sued the District after it rejected his application to keep a handgun at his home for protection. His lawyers say the amendment plainly protects an individual's right.

The 27 words and three enigmatic commas of the Second Amendment have been analyzed again and again by legal scholars, but hardly at all by the Supreme Court.

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."

The last Supreme Court ruling on the topic came in 1939 in U.S. v. Miller, which involved a sawed-off shotgun. Constitutional scholars disagree over what that case means but agree it did not squarely answer the question of individual versus collective rights.

Chief Justice John Roberts said at his confirmation hearing that the correct reading of the Second Amendment was "still very much an open issue."

(Copyright 2008 by The Associated Press. All Rights Reserved.)

What do you think?  It's your turn to Speak Up! Memphis on this story.

Published Tuesday, March 18, 2008 12:22 PM by smyers

Comments

 

East Memphis said:

The constitution is written in plain language.  Rights are afforded to individuals. Powers given to the government.  Limitations on state's powers to abridge the rights guaranteed by the constitution in the 14 amendment.  (Which was caused by the release of slaves and the attempt of "Slave States" to write laws keeping blacks from voting and OWNING GUNS)

The direct approach to whether we have a right to own a gun with the court has not been taken yet.  This ruling scares me because the "Patriot" act which GUTTED the 1st, 4th, and several other amendments was upheld by this court.  Roadblock searches have been upheld.  All of which are blatantly unconstitutional.  For those of us old enough, we used to marvel at the movies about the Communist countries where there were roadblocks to check papers etc.  In the US it was reserved for things like large prison breaks.

The people of this country don't understand their birthright.  The Constitution was DIFFERENT from any other government's structure in that it was written to limit the powers of the government and ensure the "God Given" rights of free men.  (A double standard as slavery existed then)  The Constitution of the United States of America was a God given document written by men who had endured abuses like the "Stamp Act" etc.  It was written SPECIFICALLY so that these men could leave the government and go home and live free.

The "Bill of Rights" was not even considered necessary by many as it was manifest in the structure of our government.  Thank God others realized the inevitable nature of government (force) to grow and they gave us this document.

It unfortunately has been shredded by Republican and Democratic appointees alike.

The Patriot Act is an abomination and was not even read by the people who voted on it - it was such an "emergency".  People you can be arrested by a federal agent without a charge on papers he has written and held incommunicado, you an American Free Citizen.  Without a judge being involved - with no rights to even know the charges or evidence.  An alien - I can see that - a free man no.

Go to youtube and listen to Judge Napolitano and Ron Paul on the Constitution.  Learn what they stopped teaching in schools in the late 50's and early 60's and what we are allowing to happen to the Greatest County in the world.  It will make you sick

"Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety. "

"If Men are so wicked as we now see them with Religion what would they be if without it?"

And of particular interest with respect to what is going on in the "Federal Reserve" (A PRIVATE BANK FOR THOSE OF YOU WHO HAVE BEEN FOOLED  - IT IS NOT A FEDERAL BANK) and the rising costs of food, gasoline, housing, essentially everything -

"That is simple. In the Colonies we issue our own money. It is called Colonial Scrip. We issue it in proper proportion to the demands of trade and industry to make the products pass easily from the producers to the consumers. In this manner, creating for ourselves our own paper money, we control its purchasing power, and we have no interest to pay no one. "

THIS RULING AND INTERPRETATION OF THE "RIGHT" LANGUAGE IN THIS CASE WILL HAVE FAR REACHING CONSEQUENCES TO YOU AND YOUR CHILDREN'S FREEDOM.
March 18, 2008 1:46 PM
 

East Memphis said:

March 18, 2008 2:31 PM
 

irishoaks said:

We must hold dear our rights to bear arms and our other rights set forth by the Constitution.  Our forefathers came to this land and shed their blood and personal wealth to create this nation under the provence of God's blessing. They understood that the federal power must not usurp the right of states powers, but by being joined in one body, we would be strong as a democratic republic.
We have become lazy, sucking the national tit dry, willing to let someone else do for us, slave to the massa big gov'ment, giving up our rights if we just get left alone and send our checks, have more babies to get paid for, and let more people in power to keep taking care of us-don't matter what they do.
It is time for thinkiing, God-fearing, adults to take back this country before all our rights are gone.  We must stand and be counted and heard.  It will probably cost us some now.  Better now than all later.  You know the story about the frog put in the water on a low heat--it stays put as the heat rises until it is boiled to death.  
March 18, 2008 3:36 PM
 

East Memphis said:

"We must hold dear our rights to bear arms and our other rights set forth by the Constitution.  Our forefathers came to this land and shed their blood and personal wealth to create this nation under the provence of God's blessing."

The utterly sad thing is most people in this country don't know their birthright and will actively vote for people who are destroying it wholesale.  There was a time I thought it was the Democrats with "Hate Crimes", Gun Control, Political Correctness, Welfare, etc. but after the past 6.5 years I am totally disillusioned. I don't think I can pull the lever for McManiac but the option is Shrillary or Hussein Obama.  I pray for a miracle at one of the conventions but I feel like the Fed makes the choice in the end.
March 18, 2008 5:29 PM
 

East Memphis said:

I am not counting my chickens before they hatch - bu this looks really good

http://apnews.myway.com/article/20080318/D8VG2PR00.html
March 18, 2008 8:53 PM
 

Dover said:

I do not own a gun and probably never will. My question is, do thugs and career criminals care whether or not any law gives them the right to bear arms?  If a criminal wants a gun, they’ll get a gun just like they always have. Right? So what's the point?
March 19, 2008 9:52 AM
 

irishoaks said:

I think it is time to pass a law for all homes to have to have at least one gun and all members of that home ten years old and up to be trained and certified in the correct function and operation of said gun(s).  Perhaps with this, neighborhoods would indeed be trained militias.  Gangs and hoodliums would think twice about drive-bys and break-ins knowing trained guns would be right back at 'em.  Just a thought for the day......
March 19, 2008 4:32 PM
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