Thursday, June 26, 2008

2nd Amendment

In a dramatic moment on the last day of this term, the Supreme Court declared (5-4) for the first time that the Second Amendment protects an individual's right to self-defense and gun ownership.

For most of the last century, the interpretation of the Second Amendment has been that the right to bear arms is a collective right, such as with military service; Thursday's ruling says gun ownership is an individual right.

In Thursday's ruling, Justice Antonin Scalia, writing for four colleagues, said the Constitution does not permit
"the absolute prohibition of handguns held and used for self-defense in the home." He added, however, that nothing in Thursday's ruling should "cast doubt on long-standing prohibitions on the possession of firearms by felons or the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings."

In dissent, Justice John Paul Stevens wrote that the majority of justices
"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." Stevens said such evidence "is nowhere to be found."

No comments: