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Wide White: Fire away (if necessary)

Tuesday, March 18, 2008

Fire away (if necessary)

The Supreme Court is getting closer to making its first ruling on gun control since 1939, and it's looking more and more like it's going to be good news for those of us who interpret the Second Amendment as protecting the individual (and not simply collective) right to keep and bear arms.
WASHINGTON - Americans have a right to own guns, Supreme Court justices declared Tuesday in a historic and lively debate that could lead to the most significant interpretation of the Second Amendment since its ratification two centuries ago.
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Inside the court, at the end of a session extended long past the normal one hour, a majority of justices appeared ready to say that Americans have a "right to keep and bear arms" that goes beyond the amendment's reference to service in a militia.

Several justices were openly skeptical that the District of Columbia's 32-year-old handgun ban, perhaps the strictest in the nation, could survive under that reading of the Constitution.

"What is reasonable about a total ban on possession?" Chief Justice John Roberts asked.
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The court has 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."

The basic issue for the justices is whether the amendment protects an individual's right to own guns no matter what, or whether that right is somehow tied to service in a state militia.

A key justice, Anthony Kennedy, seemed to settle that question early on when he said the Second Amendment gives "a general right to bear arms." He is likely to be joined by Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas — a majority of the nine-member court.

Gun rights proponents were encouraged.

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