USSC And 2ND Amendment Close Call (5-4 Decision)Posted: June 28, 2010
The United States Supreme Court, on the last full day of this term, have ruled 5-4, a close call decision, have affirmed that under the USA Constitution, the right to “keep and bear arms” applies not only on the national level, but on the state and local levels.
From the Washington Post website:”The Supreme Court ruled for the first time Monday that the Second Amendment provides all Americans a fundamental right to bear arms, a long-sought victory for gun rights advocates who have chafed at federal, state and local efforts to restrict gun ownership.
The court was considering a restrictive handgun law in Chicago and one of its suburbs that was similar to the District law that it ruled against in 2008. The 5 to 4 decision does not strike any other gun control measures currently in place, but it provides a legal basis for challenges across the country where gun owners think that government has been too restrictive.
“It is clear that the Framers . . . counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered liberty,” Justice Samuel A. Alito Jr. wrote for the conservatives on the court. The victory might be more symbolic than substantive, at least initially. Few cities have laws as restrictive as those in Chicago and Washington.
Alito said government can restrict gun ownership in certain instances but did not elaborate on what those would be. That will be determined in future litigation.
Alito said the court had made clear in its 2008 decision that it was not casting doubt on such long-standing measures as keeping felons and the mentally ill from possessing guns or keeping guns out of “sensitive places” such as schools and government buildings.
“We repeat those assurances here,” Alito wrote. “Despite municipal respondents’ doomsday proclamations, [the decision] does not imperil every law regulating firearms.”
The decision came on the final day of the term and at a time of great change for the court. Justice John Paul Stevens sat at the mahogany bench for the last time, and will end more than 34 years on the court when his retirement becomes official Tuesday. Confirmation hearings for Solicitor General Elena Kagan, President Obama’s choice to replace Stevens, were scheduled to begin Monday afternoon.”
Also with MANY THANKS to both the Heritage Foundation and YouTube.
From the Heritage Foundation, Alan Gura who represented person who brought suit against the city of Chicago in a video interview on today’s decision:
This USSC ruling shows just HOW IMPORTANT elections, and not just only PRESIDENTIAL ELECTIONS, but elections of both USA House and Senate members are, in light of the present Elena Kagan confirmation hearings in Washington D.C. which have begun today. While it is very likely Ms. Kagan will get in, this RAZOR CLOSE decision by the USA Supreme Court is a BIG REMINDER how important making important decisions at the voting polls is.
Read More Here:\"5-4 Is A RAZOR CLOSE Decision\"