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Supreme Court Holds Right to Bear Arms Applies to Individuals

Now.Imperfect writes "In its last day of session, the Supreme Court has definitively clarified the meaning of the Second Amendment. The confusion is whether the Second Amendment allows merely for the existence of a state militia, or the private ownership of guns. This ruling is in response to a case regarding the 32-year-old Washington DC ban on guns." This is one of the most-watched Supreme Court cases in a long time, and Wikipedia's page on the case gives a good overview; the actual text of the decision (PDF) runs to 157 pages, but the holding is summarized in the first three. There are certainly other aspects of the Second Amendment left unaddressed, however, so you can't go straight to the store for a recently made automatic rifle.

34 of 2,221 comments (clear)

  1. Oh great... by ivan256 · · Score: 5, Insightful

    Now we get to hear from a bunch of people who normally bitch about the government taking away individual freedoms try to justify their hypocrisy while they argue for gun control, and how the supreme court wasn't thinking of the children...

    1. Re:Oh great... by Broken+scope · · Score: 5, Insightful

      The annoying part is when the government starts acting this way is when you may actually need the those guns.

      --
      You mad
    2. Re:Oh great... by hibiki_r · · Score: 5, Insightful

      Some of us, who favor gun control, do not have any problem whatsoever with this decision. It seems like a perfectly reasonable view of the constitution as written. Trying to say otherwise is intellectually dishonest.

      What I question is the constitution itself: Is the right to bear arms really a key element to protest against excessive government control? India didn't gain their independence through guns. Today, we don't need them.

      On the other hand, the right of privacy, not clearly stated in the American constitution, is necessary, and should be added. There was no need for it in the 1800s, if just because it was impossible to violate with their technology. It was pretty easy to keep the content of your conversations private: don't talk near a government official. Today, you can be snooped on alone in your home, over a phone, or on the internet. Technology has created a new issue, that deserves a constitutional amendment. Some European countries with constitutions that came after the telephone do cover the right of privacy explicitly. To become a freer country, America must follow their lead.

    3. Re:Oh great... by dch24 · · Score: 5, Insightful

      The rights of individuals do not stem from the Constitution. The Constitution (well, Bill of Rights) specifically lists some rights that are protected, and shall not be infringed, to limit the powers of the government.

      If owning a gun made sense in 1776, well, that's great. Let's just leave it in there and not ban it.

      If there are new protections which we must add, to further limit the government, such as the protection of privacy (unreasonable search and seizure?), perhaps we need a new amendment.

    4. Re:Oh great... by A+nonymous+Coward · · Score: 5, Insightful

      Read up on the Deacons for Defense, armed blacks, mostly WW II and Korean War veterans, who used their right to keep and bear arms to stare down corrupt state and local governments which were run by the KKK.

      This was 40 years ago.

      Now tell me how much more enlightened we are today and tell me how unnecessary the 2nd amendment is.

    5. Re:Oh great... by aurispector · · Score: 5, Insightful

      I always understood it to mean that when the torture, wiretapping and disregard of habeas corpus gets bad enough, we are supposed to bear the arms and water the garden of liberty with the blood of tyrants, or something.

      Here in Philly, the murder epidemic is bad enough that they're talking about random "stop and search" in an effort to crack down. Since we have an underfunded police department, city courts and prison system I'm not sure any further restrictions would really make a difference anyway. There's too few cops to enforce too many laws, too few courts to handle too many cases, and too little prison space to house too many criminals.

      Regardless of the societal problems that lead to the endemic poverty, drug abuse and crime it doesn't seem like more rulemaking will make a difference.

      --
      I have mod points. The reign of terror begins now.
    6. Re:Oh great... by mckorr · · Score: 5, Insightful
      I must disagree. Today is exactly when we need them. Now, please read on before you start flaming...

      As affirmed by this decision, part of the reason the 2nd Amendment exists is

      "premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad)."

      Note that last part, the "depredations of a tyrannical government". The 2nd exists to ensure that, should the government devolve into a tyranny, the citizens will possess the means to overthow it, just as the founding fathers overthrew theirs.

      The people who wrote the first ten Amendments were not naive and idealistic. They knew very well that power corrupts, so they put in a safety valve. Should the system of checks and balances fail the citizens would retain the power to put it back.

      The Executive Branch of the U.S. government has been consolidating power unto itself for a long time. We have "police actions" and "operations" which, while clearly acts of war, have not been declared as such. Instead the president has decided that, as Commander in Chief, he does not need the Senate's approval. We have a degradation of the 1st Amendment, with warrantless wiretaps. The 5th is gone. If you refuse to incriminate yourself you can be declared a terrorist and shipped off to Gitmo to be tortured.

      We are all familiar with the list.

      If the current trend continues, if presidents continue to subvert the Constitution, gathering more and more power unto themselves while destroying the system of checks and balances, we are going to need those guns. Yes, we all pray that it is never necessary, but we certainly can't preach about how wonderful our "rights" are if we are not prepared to do what is necessary to keep them.

      As the saying goes, "the price of freedom is eternal vigilance."

    7. Re:Oh great... by gorehog · · Score: 5, Insightful

      You've made a mistake. We don't need to convince gun owners to help us, we need to convince the people who have had enough to buy guns. Don't wait for others to save you. Save yourself.

    8. Re:Oh great... by Zeek40 · · Score: 5, Insightful

      Re: India. "Among the many misdeeds of the British rule in India, history will look upon the act of depriving a whole nation of arms, as the blackest" --Mahatma Gandhi

    9. Re:Oh great... by Anonymous Coward · · Score: 5, Insightful

      Prosperity and education? Education is a great idea, however when urban culture sees education as "selling out" and not "keeping it real" education spending is fruitless. We need to stop the idea that education is pointless and that all you need to do is rap or play a sport.
    10. Re:Oh great... by NotBornYesterday · · Score: 5, Insightful

      The biggest, most powerful police force in the world can't save you if they aren't there when you get assaulted, which by definition, they almost never are. All they can do after the fact is comfort your family, collect evidence, and try to find the perp. Small comfort.

      The vast majority of legal gun owners (proper license, clean background, etc) in the US commits a disproportionally lower percentage of the violent crime. You have less to fear from them than the rest of society. Violent, armed criminals almost never own guns in compliance with the law, and so further restrictions won't help stop them from shooting you ... but more restrictions will prevent you from defending yourself against them.

      Re: Your last point, I'm all for naked tits in public.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    11. Re:Oh great... by alan_dershowitz · · Score: 5, Insightful

      The "black helicopter" conservatives are a subset of conservatives. "Gun rights" conservatives are a subset of conservatives. The two overlap, but they are not the same. If you actually knew any "black helicopter" conservatives, you would know that they have been predicting this crap for years and they hold no allegiance to Bush or the police state. They believed Reagan was evil, for crying out loud--Look up REX-84, which we seem to be currently implementing (tongue in cheek, sorta.)

      What happened to all those militias in the 1990's? I'll tell you what happened, they got infiltrated by the FBI and the groups basically realized they were ineffectual, became demoralized and disbanded. Whether or not you agree with them, this sort of proves that a vigilant and motivated minority of the population stands no chance against the state. So while Democrats may laugh at the poor stupid rednecks, it's a kind of Pyrrhic victory because their "defeat" came about because their worst fear was realized, the government became an overpowering oppressive state. Where are these people today? They were probably Ron Paul supporters, not Bush supporters. For the most part they don't vote because they think the whole thing is rigged anyway.

    12. Re:Oh great... by Notquitecajun · · Score: 5, Insightful

      Gun education used to be the norm in America - just about every kid had a dad who owned one, knew how to use it, and knew not to touch it. Ignorance breeds fear and is particularly dangerous with guns. Growing up, I knew NOT to play with them, mess around with them, and that they had a handful of particular uses. The more kids that know that, the fewer accidents we have.

    13. Re:Oh great... by penguin_dance · · Score: 5, Insightful

      Also, while an armed populace that's sufficiently pissed off to rebel may indeed be the final option in the case of governmental tyranny, it's not a solution anyone should hope for. Civil wars are ugly, ugly things, and we should try every possible legal solution before resorting to blood in the streets.

      Let's back down from the larger and, at this point in time, less likely picture of black helicopters and civil wars. Let's look at what this means for most people:

      If you live in DC (and other, similarly restrictive cities soon) you can own a handgun for self-protection and you don't have to have a trigger lock, disassembled or in another manner to make it totally useless. And if someone breaks into your house, you can blow his shit away and not have to worry about being 1) unable to defend your family or 2) arrested alongside the burglar for defending your family.

      And that's a good thing.

      Let's watch the DC crime rates go down.

      --
      If you've never been modded as "flamebait" or "troll," you've never tried to argue a minority viewpoint here!
    14. Re:Oh great... by qbzzt · · Score: 5, Insightful

      March on the white house to storm it ? Or what exactly ?

      What is the point of those "freedom protecting" guns all the US people are supposedly so fond of ?

      Yes. This isn't something you do casually. It's for when things are so bad you're willing to die to make them better and so are most of the people around you. The people who wrote this amendment had done exactly that. They fought in a war. They were willing to get themselves killed to be free of British rule.

      Don't think George W. Bush and a few hundred terror suspects at Gitmo. Think Stalin's gulags and Hitler's gestapo. That is what the second amendment is there to prevent.

      --
      -- Support a free market in the field of government
    15. Re:Oh great... by harrkev · · Score: 5, Insightful

      I'm pretty sure that the ruling does not protect your right to own assault rifles, hand grenades, military class vehicles, or rocket launchers.
      Can you define an "assault rifle?"

      This is one of my pet peeves. What is the difference between a hunting rifle and an assault rifle?

      Hunting rifles are brown, assault rifles are black. If I am shot, the color of the gun would be the last thing on my mind.

      Assault rifles have an upper gas tube. Once again, if I am shot, I would not care.

      Assault rifles may have a place to put a bayonett. If I have a gun pointed at me, I would probably not notice a knife on the end.

      Assault rifles have a pistol grip. Yup, that would make anybody shot with a hunting rifle feel better that at least there was no pistol grip.

      Also, just for the record, let's look at the most popular "assault rifle" out there -- the AR-15. It shoots a .223 cartridge. If I was told that I was going to be shot by a center-fire rifle, and I could choose the cartridge, the .223 would be near the top of the list. The AR-15 was designed mostly to injure (not kill) the enemy. Also, with smaller bullets, you can carry more ammo. The humble 30-06 cartridge (extremely popular for hunting) does a LOT more damage.

      The Washington Sniper used a .223 AR-15, and some people lived. If "assault weapons" were illegal, and he chose to use a bolt-action 30-06, there would not have been any survivors.

      Basicly, some people want to ban "assault rifles" because they look scary. If we painted them day-glow orange and had pictures of kittens and unicorns on them, they would be OK.

      --
      "-1 Troll" is the apparently the same as "-1 I disagree with you."
    16. Re:Oh great... by modecx · · Score: 5, Insightful

      I think you do miss the point. Allowing the entire citizenry to own guns is like the getting involved in a cold war. It establishes an uneasy armed truce between the citizens and the leading class (politicians), with the ideal situation being that leaders do not take away freedoms, and in turn, the citizens don't take their lives. Sort of like Mutually Assured Destruction, only with the weight placed much more on the ruling class, because they are few, and the mob is legion. I think many of the founding fathers understood this, just like most of the ruling class understands this today, if somewhat unconsciously.

      Sure, it's true... A single hunting rifle will be, and always has been utterly ineffective against an army. Still, I think people underestimate the power a few small chunks of lead could have. Devices which effectively poke holes in game animals will continue to be effective at poking holes in (much more frail) humans. I.E. You can hide some of the politicians all of the time, but you can't hide all of the politicians all of the time. This explains why our rights are slowly eroding. It makes the changes less tangible, less dramatic... Then the doublespeak begins.

      --
      Constitutional rights may be respected, repealed, or modified; but they must never be ignored.
    17. Re:Oh great... by Hubbell · · Score: 5, Insightful

      Your one point goes against the overwhelming evidence that when you ban firearms, or any form of weapon you can carry on you person to defend yourself, violent crime goes up. Britain anyone? Home invasions while the family/owner are home is the norm now. Almost all criminals who are interviewed have said that the only thing they fear when robbing a house/person is that they have a gun. Ban the guns, and they have nothing to fear.

    18. Re:Oh great... by boyfaceddog · · Score: 5, Insightful

      For instance, did you know that according to the supreme court there is NO expectation of protection against crimes by the police? They are there to maintain the peace, not to protect you. That's your responsibility.

      Yep, but there is no formal constitution-level document declaring that a police force must exist. That, too is Our responsibility. That's big "O" our, as in "we, the people". The statutes that create the police forces across the nation are not written in stone and may be changed. We, the people, created them and we must pass rules to control them.

      The purpose of guns is not to protect your freedoms. That's what voting is for. The guns are to protect your person. To make the soldiers think twice before coming in. If you debate that look at the third amendment.

      Right again. But honestly, unless you have a whole lot of people with a whole bunch of fire power neither the police nor the military will be stopped. They might be slowed but not stopped. And the type of firepower that would be needed to stop even a squad of government solders tends to attract the attention of the FBI who frown on that sort of thing, for obvious reasons. So although you are technically correct, the point is moot.

      Essentially, the idea is that a democracy puts power in the hands of the people. Ask any political scientist about the political uses of lethal force. To have political power one must ultimately be willing to wield lethal force. In short, yes, the point of all those guns is so crowds of angry citizens can overthrow their corrupt leaders. Whenever they want.

      Couldn't agree more. And going on you can say the point of power is to maintain the power of those who have it. Any type of power. Let's be honest here, the point of all those bullets and bombs the government has is to maintain and increase their power. Those can and have been used on citizens. It used to be that the military would be called in to "put down riots" or "maintain the peace". Now its to "stop terroists". It amounts to the same thing; the people in power stopping the people without power from taking power away.

      In short, your Second amendment rights are meaningless except to allow you to hold a weapon. These days that just makes you fair game.

      --
      Here will be an old abusing of God's patience and the king's English.
  2. This is a monumental and historic decision by Astro+Dr+Dave · · Score: 5, Insightful

    I'm glad they made the right decision, but shocked that it was so close (5-4). I'd expect more intellectual honesty from Supreme Court judges.

  3. The melacholy of gun control laws by pwnies · · Score: 5, Insightful

    Thank goodness. Gun control laws only keep the honest person honest and defenseless.
    Law abiding citizens will obey the law and revoke ownership of guns. Criminals on the other hand already have a mind to break the law, and having a law against guns won't stop them for a second.

    1. Re:The melacholy of gun control laws by halivar · · Score: 5, Insightful

      You know what they say: when seconds count, the police are only minutes away.

    2. Re:The melacholy of gun control laws by Rearden82 · · Score: 5, Insightful

      So you're saying criminals would think "Geez, it doesn't seem fair for me to use this Glock to rob the store when the clerk probably doesn't have a gun. I'll use the switchblade instead; that oughta level the playing field."

      Hrm. It seems the DC gun ban would have reduced gun crime if criminals were truly that altruistic.

    3. Re:The melacholy of gun control laws by Splab · · Score: 5, Insightful

      I live in a country with strict gun control. Its surprising how often we manage to not get robbed by anyone with a gun.

      Do we have shootings? Yes, however, there is quite a long way between shootings and usually its the police doing the shooting. Do people get robbed? Yes of course they do, but strangely seldom with a gun - usually its a knife being wielded. The fear surrounding a gunless society is absolutely bonkers.

  4. What a moot issue by DJ+Jones · · Score: 5, Insightful

    The individuals who are going around killing people with hand guns can't get a permit for a gun in the first place. These individuals buy their hand guns on underground black markets; markets that will exist whether hand gun possession is legal or not.

    What's the point?

    The real intention of the 2nd amendment is to allow citizens to revolt (or at least threaten to). And that is a right that I savor.

  5. Dissenting opinion - Stevens is an idjit by Fulcrum+of+Evil · · Score: 5, Insightful
    From the article:

    Justice John Paul Stevens wrote that the majority "would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons." He said such evidence "is nowhere to be found."

    Apparently Stevens needs to learn how to read. Of course the framers wanted to reserve the tools for revolution to the people.

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  6. Re:Crime rate high? by dch24 · · Score: 5, Insightful
    I prefer one with a source:

    "Governments are instituted among men, deriving their just powers from the consent of the governed."
    --Thomas Jefferson: Declaration of Independence, 1776. ME 1:29, Papers 1:429


    In case you don't see the connection, I'll spell it out: "Oh judge, what good are your laws?" They represent the consensus of the governed. The bad man will not follow them but the government will enforce them. This will always be true.

    The good man absolutely does need laws, as the laws spell out what the consensus is, and as long as the rule of law exists, where laws are applied equally and fairly to all the governed, then the good man will accept them if they are acceptable, and will work through legitimate channels if they must be changed.

    Or would it make sense to say, "Oh Grocery Store, what good are your prices? The shoplifter will not follow them, and the good shopper does not read them." -- no, of course not.
  7. Re:Crime rate high? by idontgno · · Score: 5, Insightful

    On the other hand, even if the mugger didn't think you had a gun, he may shoot you just to be safe. Then take your wallet and run.

    If the mugger is armed, you're screwed either way. (Assuming he's a decent shot.) But if you're armed, (A) you might be able to frighten off the attacker, even if he were armed (cuz he knows he's a bad shot), or (B) you might take the bastard down, saving yourself, or (C) you might take the bastard with you, even if he got ya.

    So explain to me again why unarmed is better?

    Now, to weaken my argument: a gun is an awful responsibility. One wild round or accidental discharge and you may have killed an innocent bystander. So, for a lot of people, that's too much of a risk. Me, for instance. I may not have any compunction about defending myself with lethal force, if I could assure myself to nearly 100% certainty that only my attacker and possibly myself will suffer. But bullets don't stop when you miss your target, and that's why I won't risk 'em.

    That's just me, though. YMMV. FWIW, I think the Supremes got it right.

    --
    Welcome to the Panopticon. Used to be a prison, now it's your home.
  8. Re:Among others by Notquitecajun · · Score: 5, Insightful

    Your equations aren't necessarily true. The VAST majority of guns in the US are NOT used in crimes, and the vast majority of gun owners aren't criminals. States with conceal-carry laws have substantially reduced crime rates as well.

    States can still regulate firearms, as long as they don't infringe upon the second amendment. Individual rights, in this case, trump state rights.

  9. And when it comes to.... by deesine · · Score: 5, Insightful

    the defense of personal safety, the order is just about the opposite.

    --
    damaged by dogma
  10. Re:hopelessly outgunned... by NMerriam · · Score: 5, Insightful

    Individual citizens armed with handguns and rifles and shotguns are going to go up against government forces, who have artillery, cruise missiles, and attack helicopters?

    it seemed to work pretty well for the Vietnamese, the Iraqis, the Mujaheddin. The entire point of guerrilla warfare is that it almost completely eliminates the military advantage that large standing forces have. Artillery and other massive weapons are only useful against other standing militaries. Cruise missiles are only useful against infrastructure and other persistent targets. Attack helicopters are no use at picking one soldier out of a crowd of civilians. Aircraft carriers are useless against someone poisoning your barracks' food supply. ICBMs don't frighten someone who lives 2 miles from your own military base. Stealth fighters can't protect you from roadside bombs.

    Of course, your argument is pointless anyways. As the decision states, whether resistance is a practical option in the 21st century has no bearing on whether it is a protected right. You don't say that the freedom of speech is no longer protected just because Rupert Murdoch can easily speak louder than any protester, you don't say that the fourth amendment is no longer valid since the police can easily find out tons of information about you without entering your home. I don't think there's any risk that the government will want to quarter soldiers in private homes to save some money, that doesn't mean the constitutional prohibition against it ceases to be the law of the land.

    --
    Recursive: Adj. See Recursive.
  11. Re:Right, because POWs have always gotten trials by mckorr · · Score: 5, Insightful
    Umm, didn't we declare war in WWII? Read my post. We have not declared war, so there is no legal justification for the president to invoke wartime powers. There is no legal justification for his circumvention of the Constitution. The government can legally assume extraordinary powers in time of war, but it takes a declaration of war to do it.

    Bush himself has used the "not at war" tactic to justify circumventing the Geneva Conventions, claiming our prisoners are not POWs but "enemy combatants." This despite the fact that

    ...the 1958 ICRC commentary on the Fourth Geneva Convention: Every person in enemy hands must be either a prisoner of war and, as such, be covered by the Third Convention; or a civilian covered by the Fourth Convention. Furthermore, "There is no intermediate status; nobody in enemy hands can be outside the law." Seems we are at war when it is convenient, and not when it is inconvenient.

    FDR and Truman were wartime presidents. We declared war in WWII.

    "Police action" was invented to circumvent the Senate. It was invented to take advantage of the ambiguity in Article 2 of the Constitution, which simply states that the president shall act as Commander in Chief. Presidents use this to order troops to war, without having to get the Senate to actually declare war.

    Yes, war is hell. But we are better at killing our enemies than they are at killing us. That does not mean we should debase ourselves to use their tactics, tactics which we have agreed are illegal when we signed the Geneva Conventions. It certainly does not mean we should willingly sacrifice our core values because they are inconvenient. If we do that, we have already lost, because that is exactly what the enemy wants.

  12. The difference is... by Moraelin · · Score: 5, Insightful

    The difference is that 230 years ago,

    1. a musket was the best any army had. Civilians even had the equivalent of sniper rifles, see the minutemen.

    Heck, you could make a musket and ammo in a local smithy or in your shed. It was a simple weapon where the tolerances were _extremely_ generous.

    Artillery? Sure. Anyone who could make a bell, could make a cannon just as good as the royal armourers in England.

    Shock troops? That still meant cavalry. Any rancher who had a horse could be the equivalent of what today is a tank or a gunship.

    2. Tactics were also more... lacklustre. Armies were trained to just march to 100 yards of each other and stand tall, shooting volley after volley at each other, until one looks like it's breaking. Then the other would do a cavalry charge or bayonet charge to finish it all. The only difference between a fully trained army and a militia was that the army was trained to stay in formation longer.

    The Brits essentially did little more than pout when the rifled guns of the minutemen just sniped their officers in the first volley.

    Modern infantry tactics and indeed combined arms tactics are a bit more effective than that. A militia whose claim to glory is shooting a few vermin now and then, and a bit of penis-size posturing at the shooting range on sundays, would sustain heavier casualties even if they had the exact same weapons the army had.

    3. While willy-waving about the independence war is good and fine, let's not forget that it was mostly won because there was an ocean in between _and_ because France went bankrupt supporting you guys against the Brits. The whole French navy, as much as there was of it, fought hard to make that ocean a bigger problem for the Brits than it already was. And there was military help on the ground too from the French and from the northern indian tribes they had worked hard to befriend.

    In fact, if you look at the French Revolution, soon there after, and at the king getting beheaded, that's what started it: eventually the peasants and burgeoisie had enough of paying the debt for a war that wasn't theirs and gained nothing for them. But I digress.

    At any rate, you fought, only a fraction of the English army and you didn't fight it alone. And yeah, you repeated it a few years later, when the Brits were busy with Napoleon and made little more than a token show of force to keep you from trading with Napoleon. And gave up as soon as Napoleon was no longer a threat, and they had no more reason to keep you from trading with France.

    Don't let it go to your head. Just a few rag-tag militias against the full might of England, _could_ have went a lot differently.

    --
    A polar bear is a cartesian bear after a coordinate transform.
  13. Re:Sweet by cayenne8 · · Score: 5, Insightful
    "I think the argument is that when the armed crook comes to rob a citizen, that citizen will be armed too. And, since we have already established that the crook is a crook, he or she(ok, he) is likely to be armed regardless of if its legal or not."

    That's the crux of the problem with gun laws in general. Criminals, by definition aren't interested in following the law, therefore, the stringent gun laws only hamper law abiding citizens.

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........