You know the time is right to take control, we gotta take offense against the status quo
Originally Posted by A. de Tocqueville
For most of the last century, the interpretation of the Second Amendment has been that the right to bear arms is a collective right, such as with military service; Thursday's ruling says gun ownership is also an individual right.
The 5-4 ruling grows out of a Washington, D.C., case in which a security guard sued the district for prohibiting him from keeping his handgun at home. In the District of Columbia, it is a crime to carry an unregistered firearm, and the registration of handguns is prohibited. The rules are so strict, they essentially regulate handguns out of existence. The regulations were intended to curb gun violence in the capital city.
The ruling struck down the ban on constitutional grounds, saying it flew in the face of the constitutional right to bear arms.
An Individual Right
The precise meaning of the Second Amendment — "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" — has long been a subject for debate. In a decision nearly 70 years ago, the justices suggested it was a collective right, not an individual right to bear arms. This is the first time the court has defined the amendment so definitively.
The two sides in this case viewed the Founding Fathers' intentions very differently. The majority of the justices said the amendment protects an individual's right to possess a firearm unconnected with service in a militia and to use that firearm for lawful purposes, such as self-defense in the home. The dissenting justices said the amendment protects only the right to possess and carry a firearm in connection with militia service.
"Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapons whatsoever in any manner whatsoever and for whatever purpose," Justice Antonin Scalia wrote for the majority. But it did allow for individuals to have guns for lawful purposes, such as hunting and defending themselves, he said. The majority clearly saw the individual right to own a gun"
Last edited by Dirty Harry; 01-22-10 at 12:01 PM.