Thursday, June 26, 2008

I was wrong about Heller. According to the Supreme Court after 69 years of malicious misinterpretation the 2nd Amendment confers an individual right.

It's a 5 - 4 decision and Kennedy actually managed to come back from his happy place for this one. Scalia authored the opinion and according to Fox News it's huge (157 pages). Only one majority opinion which makes it a little harder for lower courts to fudge I think.

From the opinion:

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 Antifederalists feared that the Federal Government would disarm the people in
order to disable this citizens’ militia, enabling a politicized standing
army or a select militia to rule. The response was to deny Congress
power to abridge the ancient right of individuals to keep and bear
arms, so that the ideal of a citizens’ militia would be preserved.

...

Like most rights, the Second Amendment right is not unlimited.
It is not a right to keep and carry any weapon whatsoever in any
manner whatsoever and for whatever purpose: For example, concealed
weapons prohibitions have been upheld under the Amendment
or state analogues. The Court’s opinion should not be taken to cast
doubt on longstanding prohibitions on the possession of firearms by
felons and the mentally ill, or laws forbidding the carrying of firearms
in sensitive places such as schools and government buildings, or
laws imposing conditions and qualifications on the commercial sale of
arms. Miller’s holding that the sorts of weapons protected are those
“in common use at the time” finds support in the historical tradition
of prohibiting the carrying of dangerous and unusual weapons.


Because Heller conceded at oral argument that the D. C. licensing law is permissible if it is not enforced arbitrarily and capriciously, the Court assumes that a license will satisfy his prayer for relief and does not address the licensing requirement. Assuming he is not disqualified from exercising Second Amendment
rights, the District must permit Heller to register his handgun and
must issue him a license to carry it in the home.


So as I read this the only thing this opinion changes is that a State (or city) may not completely ban firearms ownership otherwise it's status quo. Not quite what I was hoping but not as bad as it could have been.

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