A Student of History

June 26, 2008

SCOTUS: Guns are for individuals

Filed under: The world today — John Maass @ 11:10 am

The U.S. Supreme Court has held, this morning, that the right to keep and bear arms is an individual one.  The decision is here in full. 

By a vote of 5-4, The United States Supreme Court today ruled that the Second Amendment to the United States Constitution guarantees a fundamental, INDIVIDUAL right to own a firearm.

Voting with the majority were Chief Justice Roberts, Justice Alito, Justice Thomas, Justice Kennedy, and Justice Scalia, who wrote the opinion. Justices Breyer, Ginsburg, Souter and Stevens voted to uphold D.C.’s complete gun ban.


  1. Some quotes from the 157-page decision…

    ‘…because it has always been widely understood that the Second Amendment, like the First and Fourth Amendments, codified a pre-existing right. The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it “shall not be infringed.” ‘

    “…their erroneous reliance upon an uncontested and virtually unreasoned case (Miller) cannot nullify the reliance of millions of Americans (as our historical analysis has shown) upon the true meaning of the right to keep and bear arms.”

    “…the American people have considered the handgun to be the quintessential self-defense weapon. There are many reasons that a citizen may prefer a handgun for home defense: It is easier to store in a location that is readily accessible in an emergency; it cannot easily be redirected or wrestled away by an attacker; it is easier to use for those without the upper body strength to lift and aim a long gun; it can be pointed at a burglar with one hand while the other hand dials the police. Whatever the reason, handguns are the most popular weapon chosen by Americans for self-defense in the home, and a complete prohibition of their use is invalid.”

    “Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.
    We affirm the judgment of the Court of Appeals.
    It is so ordered.”

    Comment by Murray Winland — June 26, 2008 @ 2:00 pm | Reply

  2. Hallelujah! But it was too close for comfort.

    Comment by Richard Williams — June 27, 2008 @ 9:48 am | Reply

  3. The 2nd amendment to the Constitution tells me that I have the right to keep and bare arms.

    Keep = have or own.
    Bear = carry or wield.

    There are those that think that state, county or local authorities have the power to disregard your right to keep and bear.

    If you buy in to that then your local government can disregard the 19th amendment, (women’s right to vote) or can you imagine a state that disregards the 13th amendment and allows slavery.

    As far as I see it :
    1. My 19 year old daughter can vote
    2. My Wife can vote
    3. You have the right to carry a gun.
    You see, you have but only one thing in this world and that is your life. Without your life you have nothing else. The 2nd amendment enables you to protect that. This is not something that you should outsource, for it is ultimately your own responsibility to defend and protect it. At the end of the day murder victims are just folks that waited for the police to save them. But when seconds counted, the cops where just minutes away.
    And yes I do think the freedoms outlined in our constitution and bill of rights are worth fighting and dieing for. Many have already done so, so let’s honor those that have sacrificed their lives and cherish all of the constitution.

    Comment by Grady — July 10, 2008 @ 7:46 am | Reply

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