27 June 2008
2nd Amendment Victory
Posted by Roy Bischoff under: Constitution in Peril; What's News .
I am very excited that the Supreme Court has finally addressed the Second Amendment head on. As a law school student I did an externship with the UT Attorney General’s office. One of my assignments was to research gun control laws. What I discovered was that the court had not really addressed the meaning of the second amendment since the Miller case in 1939, which kind of supported the militia context for gun ownership. Any law that barred all guns was being struck down but laws that seemed to place a somewhat reasonable restriction were usually upheld.
I just read the first 15 or so pages of the decision and Scalia had his pencil razor sharp when he wrote this decision. When a decision is being written drafts of the opinion and any dissents are circulated amongst the judges. Scalia took the dissent’s arguments and made them appear completely ludicrous. He declares unequivocally that the right to bear arms is an individual right and does not require active service in any militia. The 2nd amendment also plainly allows individuals to own and carry guns. Now you still have to comply with licensing requirements and some types of weapons can be banned but not handguns. What a victory for the preservation of freedom in the US! Here is the entire decision.
4 Comments so far...
Tony Says:
27 June 2008 at 2:51 am.
that is good. i know that i will never give up my right to bear arms. i will hide my guns like they do in the movie the three musketeers.
it just blows my mind that ppl will worry bout gun control when there are more important things going on like who is going to be the next pres and ILLEGAL Immigration.
Mac Says:
27 June 2008 at 10:09 am.
That is cool Roy. That militia crap left the door wide open for meddling so good for Scalia.
Jesse Says:
27 June 2008 at 10:42 am.
Scalia is brilliant. How great that he beat them to the punch. This is huge but also disturbing that it was so close.
Nalvy Says:
27 June 2008 at 4:20 pm.
I know lots of people (most of them are in my family) who are dancing with happiness over this. Scalia is my hero and I am glad he was able to get the job done. It was close but in the end it was the constitution that ended up on top
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