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June 26, 2008

U.S. Supreme Court Strikes Down D.C. Handgun Ban

 Court_front_med Today the U.S.Supreme Court held that the District of Columbia's total handgun ban violates the Second Amendment. The underlying basis for the Court's decision in District of Columbia V. Heller was that: "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."  However, the majority opinion by Justice Scalia made it clear that many current gun laws are constitutionally permissible and that the right to bear arms under the Second Amendment is not a right without limitations.

I realize the Heller decision is far off-topic for this blog. However, this is a significant decision, no matter where you stand on gun control, and it is mind-boggling that this is the first time the Court has squarely addressed whether the rights conferred by the Second Amendment apply to individuals. 

The opinion, with the syllabus (summary of the majority holding), can be found here.

Dan Berexa
Nashville, Tennessee

 

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