DC gun ban unconstitutional

In their decision in the case District of Columbia v. Heller, Supreme Court justices today strike down the Washington D.C. gun ban in a 5-4 decision whose historic decision reinforce citizens’ right to own guns for lawful means. According to the brief, Justices Scalia, Roberts, Kennedy, Thomas, and Alito represent the majority, with dissenting opinions from Stevens, Souter, Ginsburg, and Breyer.

The following is an outline of the decision, with information taken from the summary.

In this outline, “The Right” is defined as an individual’s right to keep and bear arms

Held:

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.

1. “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”

   • The prefatory clause does not effect the operative clause.

     “The Second Amendment is naturally divided into two parts: its prefatory clause and its operative clause. The former does not limit the latter grammatically, but rather announces a purpose.”

   • The prefatory agrees with the Court’s decision because

     • Disarmament of people would allow for a federal, political standing army.
     • The Right is ancient and Congress took care to protect it.

   • First drafts of the Amendment confirm The Right

     • But their worth is dubious

   • Scholars of that time through late 19th century supports the interpretation of The Right

   • No court precedents conflict with The Right

     • United States v. Cruikshank
     • Presser v. Illinois
     • U.S. v. Miller — merely limits use to common types of weapons

2. The Amendment has limits.

   • It does not allow any weapon for any purpose.
     • Does not deny concealed weapon limits.
     • Should not “cast doubt” on limits on:
       • Possession by felons or mentally ill
       • Carrying into schools or government buildings
       • Commercial sale
     • Miller’s limited weapons to common, and not unusual.

3. Previous bans are null, including:

   • D.C.’s handgun ban — because it represents a total prohibition of “arms.”
   • Trigger-lock requirement or disassembly — prohibits the use for home self defense

   So regarding the case before the Court, “the District must permit Heller to register his handgun and must issue him a license to carry it in the home”

“… Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.

“We affirm the judgment of the Court of Appeals.

“It is so ordered.”