11-20-07, 08:23 PM
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#1 (permalink)
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| Judicial Apologist
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Current Mood: | High Court to Take D.C. Gun Ban Case High Court to Take D.C. Gun Ban Case Quote:
The Supreme Court announced today that it will decide whether the District of Columbia's ban on handguns violates the Constitution, a choice that will put the justices at the center of the controversy over the meaning of the Second Amendment for the first time in nearly 70 years.
The court's decision could have broad implications for gun-control measures locally and across the country and will raise a hotly contested political issue just in time for the 2008 elections.
The court will likely hear the case in March, with a decision coming before justices adjourn at the end of June.
For years, legal scholars, historians and grammarians have debated the meaning of the amendment because of its enigmatic wording and odd punctuation:
"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."
Gun rights proponents say the words guarantee the right of an individual to possess firearms. Gun-control supporters say it conveys only a civic or "collective" right to own guns as part of service in an organized military organization.
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The court's last examination of the amendment was in 1939, when it ruled in United States v. Miller that a sawed-off shotgun transported across state lines by a bootlegger was not what the amendment's authors had in mind when they were protecting arms needed for military service.
Since then, almost all of the nation's courts of appeal have read the ruling to mean the amendment conveys only a collective right to gun ownership. But the U.S. Court of Appeals for the D.C. Circuit broke ranks last spring, becoming the first to strike down a gun-control law on Second Amendment grounds.
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__________________ People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.
Last edited by RightinNYC : 11-20-07 at 10:06 PM.
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