June 26, 2008
U.S. Supreme Court Rules D.C. Handgun Ban Unconstitutional
The U.S. Supreme Court has ruled this morning to uphold an appellate ruling that says the District of Columbia's 32-year-old handgun ban is unconstitutional.
The decision in District of Columbia v. Heller was written by Justice Antonin Scalia. Justice Breyer dissented, joined by Justices Stevens, Souter and Ginsburg. The ruling clarifies the court's position that the Second Amendment gives individuals the right to own firearms, instead of only protecting a collective right for states to form armed militias.
SCOTUSBlog is liveblogging all the Supreme Court decisions this morning. We'll have more soon...
UPDATE 10:24 a.m. You can download a PDF of the Heller decision here, courtesy SCOTUSBlog.
From the Syllabus of the decision:
The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment. The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of “arms” that Americans overwhelmingly choose for the lawful purpose of self-defense. Under any of the standards of scrutiny the Court has applied to enumerated constitutional rights, this prohibition—in the place where the importance of the lawful defense of self, family, and property is most acute—would fail constitutional muster. Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional.The decision does not address gun licensing requirements.
Two separate dissenting opinions were issued, one written by Justice Stevens, and the other by Justice Breyer. But the Scalia decision is in fact a majority opinion, and not a plurality opinion as court watchers had predicted, since it was signed by four other justices - Roberts, Alito, Thomas and Kennedy.
UPDATE 10:47 a.m.: D.C. Council member Phil Mendelson is the first out the gate with a response to the court's decision.
“I look forward to working with the Executive and my colleagues on the Council. While I am disappointed in the Supreme Court’s decision on the Heller case, our response will be swift and comprehensive. We will have time to revise our registration law, while simultaneously ensure that the safety and well-being of those who live, work, and play in the District will be protected.”
Mendelson has scheduled a public hearing on the decision for Wednesday, July 2, at noon at the Wilson Building. Still waiting for a reaction from Mayor Adrian Fenty.
Photo by M.V. Jantzen




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sweet. now i can get that glock i've been eying...
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Opinion
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big surprise. as if the Supreme Court will ever overrule anything that's related to an amendment. what a bunch of pussies.
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Eh, I could care less either way. I was kind of hoping they'd lean this way, tho, just to piss the DC government off, but not because I agree with this position. I think the constitution is vague and lucid, intelligent arguments can be made for either side.
Regardless of the arguments, I believe the amendment was there to protect an individual's right to rebel against the government and to possibly overthrow it, if necessary. However, given the increasing level of arms owned by the government, it's truly idiotic to think that a few hundred thousand people armed with guns could take down a government that has tanks, planes, missiles, and other high-tech weapons.
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eh, i've been carrying around guns for a long time now.
anyone need tickets to the gun show?
ps the gym is THAT way.
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Take that Mayor Fenty and company!
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Great News!!!!
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I have a serious (and maybe stupid) question: has SCOTUS ever gone back and reversed one of their own decisions without a court case being presented? I mean, let's say, hypothetically, that 2 years from now DC has become a non-stop gun battle with people getting murdered left and right (more than now obviously). Would the Supreme Court see that and figure it was because of this decision that the city has degraded to that point and thus reverse said decision or is this the final say until another case comes before the court addressing the same issue?
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Congratulations, DC! This calls for a celebration. I volunteer Sommer's basement where we can take turns going all Hunter Thompson on a typewriter.
F**k and kill!
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Haven't read the decision yet, but saw some quotes posted on SCOTUSblog. If I'm reading those quotes correctly, they said the right to bear arms does not extend to weapons designed specifically for military use. So does that mean I can't use my high powered, 60 rounds/sec automatic rifle for deer hunting this year?
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The criminals have always had guns, and now the honest people can too. Scumbags will think twice about breaking into somebody's home! Now the decent people of Washington can protect their homes and families.
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"given the increasing level of arms owned by the government, it's truly idiotic to think that a few hundred thousand people armed with guns could take down a government that has tanks, planes, missiles, and other high-tech weapons."
Tell that to Iraq.
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Now the decent people of Washington's children can play with daddy's (trigger lock free!) gun. If there's a better way to teach gun safety, I don't know what it is. Sure is hard to fire a gun with one arm.
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to all of you celebrating this ruling, i'd just like to ask one thing:
when the inevitable bernie goetz moment comes (when a white guy shoots a black teen), and this city erupts in a 21st century race riot, are you going to be smiling and happy?
seriously, i am taking bets on when DC's version of bernhard goetz happens...
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Aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaargh.
Please notify the community that all resulting medical bills from guns accidentally discharged in public should be sent directly to Senator Kay Bailey Hutchison. She understands the price of freedom, right?
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Doing a quick reading, guns are individual rights, requiring guns to be disassembled at home is not allowed, but restrictions on who can buy guns, who can sell them, and where you can be packing heat are all still ok. As is the prohibition on people using non-militia type arms (no nukes for you!). BUt I wonder if this doesn't mean people have the right to automatic weapons like members of the National Guard. Lots to read and dissect.
Practical issues: What does DC do now? Will they come up with new laws and regulations? Or will they drag their feet? What ramifications does Fenty face since he decided to appeal the case to the Supremes?
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SCOTUS says we can have guns but not representation.
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Predictable, but very disappointing. Every day you hear about some disgruntled nut going off and killing a few dozen people, not to mention all of the gun-related deaths in DC alone that aren't reported. The right-leaning SCOTUS decides that the solution is to give *more* people guns, that should solve the problem!
Americans really need to think about the public good and get over their fascination with firearms. Unfortunately both McCain and Obama support the very liberal interpretation of the second amendment that it's an individual right. I'm as much of an Obama supporter as anyone, but I wish he would live up to the 'ultra, ultra, no seriously ultra! liberal' label and be for heavily restricted gun control.
Dan
Woodley Park
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Well now that guns are legal for law abiding citizens, it is time to review the laws that relate to felons and mentally disturbed persons having guns.
Fully enforcing the illegal possession of guns by felons needs to start now; DC has been lax on this for a long time.
Adams Morgan NIMBYs unite to keep the gun stores out of our neighborhood!
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@nogard13
However, given the increasing level of arms owned by the government, it's truly idiotic to think that a few hundred thousand people armed with guns could take down a government that has tanks, planes, missiles, and other high-tech weapons.
I always see someone bring this point up and it always makes me scratch my head. The Iraq war and to some degree the Vietnam war proves that a small group of dedicated people using guerrilla warfare can certainly tie up in knots the best army in the world.
@flapjack
I have a serious (and maybe stupid) question: has SCOTUS ever gone back and reversed one of their own decisions without a court case being presented?
Nope the court can't just issue rulings from the bench. A valid case must come before them. It is not their job to make laws only rule on them. If DC turns out that way congress would have to pass a constitutional amendment to overrule to court ruling. Also bringing a similar case, assuming you could get them to hear it again, wouldn't likely change anything, as the court is loathe to reverse any of its previous rulings especially those made within the justices lifetimes.
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I will say this -- and it's one of the lovely things about our legal system -- I've never seen so many words spent parsing so few. Seriously. I think they spent about 30 pages just dissecting the 2nd Amendment, word by word, phrase by phrase.
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Woo Hoo! My constitutional rights have been affirmed.
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Please tell me that you were being facetious, sarcastic, snarky, etc. when you wrote that.
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I don't think much will change in the short term. If the PoPo find a gun in your car it's still an automatic felony (which the US Attorney's office will decline to prosecute). Over time, however, one can imagine law-abiding citizens purchasing and storing guns, and then these guns percolating to the "other side" through home robberies. It may result in more guns on the street in the long haul, although I don't get the feeling that anybody has much difficulty finding a firearm right now.
As for Bernie Goetz... didn't New York become a lot quieter in the years after that incident...?
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Normally I'm opposed to gun ownership but the law that was overturned sounded kind of stupid anyways. I predict nothing much will change.
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Hooray.
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Where is the line forming to get a kevlar vest?
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"Woo Hoo! My constitutional rights have been affirmed."
Yeah!!! Guns for everybody!!! I just luv 'em.
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Door's Open Boys!!!
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"guerrilla warfare can certainly tie up in knots the best army in the world".
True, but the kill ratios are still ridiculously high. In a guerilla war situation, the guerilla war fighter faces almost certain death; while the modern war fighter faces an increase possibly of death.
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Thank god I can finally take the trigger lock off my prized Flintlock Pirate Blunderbuss! Have no fear, citizens of DC...if those Brits ever try to come back, I'll be ready!
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Let's not fool ourselves: The 2nd amendment is a leftover from colonial days when people A) hunted for actual sustenance and B) were sometimes called upon to keep the King of England out of their faces.
I don't think the founding fathers envisioned handguns in their current form nor a populace so wrought with violence. Sure, people always find creative ways to kill each other, but handguns make it so damn easy and more can go wrong with handguns as well, causing unintentional harm.
On the other hand, if so many people in this city already have illegal firearms, it levels the playing field of law-abiding residents who feel their livelihood threatened.
What lawmakers and the courts need to recognize is the need for new laws that address the historical fallacy of "everyone is entitled to a gun" and also addresses the obvious problem of personal safety. Let's accept the reality that the 2nd amendment in its current form doesn't necessarily apply to modern America any longer.
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>Americans really need to think about the public good
Or, maybe, about the actual Constitution instead of your supposedly consequentialist preferences.
Yay guns and self-defense!
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Regardless of what policies and procedures the District puts into place regarding gun ownership, what on earth makes anyone think that they will be able to enforce them successfully?
In my 9 years of living here, I've seen nothing enforced successfully other than delinquent car registrations and walking a dog off a leash. So now all of a sudden people believe that DC will be able to keep guns out of the wrong peoples' hands? How is this going to happen?
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Will DC just pass a law that requires a waiting period for guns? Can they make it as long as they'd like? If so, they'll probably pass a 100-year waiting period to purchase a gun or to get a permit for an existing gun, just to snub their noses at the SC.
As for those who claim that guerrilla warfare will defeat a standing army (such as some have pointed out: Vietnam and Iraq), remember that those situations wouldn't apply against an army that is fighting it's own people for it's survival. Iraq and Vietnam were and are a PR disaster. The armies cannot go "all out" because of the repercussions. What if they were the ones fighting against an uprising in a civil war? I'm yet to see one civil war where atrocities aren't committed. What is to say that they wouldn't be committed here in the event of an attempted coup?
I still believe that the training, precision, technology, and experience held by our military would be enough to quell any uprising in this country.
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tmoney - thanks for the clarification.
Cranky - Fenty said on Fox5 this morning that they already had a plan B (and presumably C and D) prepared. Well, as prepared as it could be without the specifics of the decision. I imagine they spent a lot of time thus far figuring out "if, then" scenarios so maybe it won't take them very long to make the necessary changes. Is that assuming to much?
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Yeeeeeeeeeeeeee HAW!!!
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SCOTUS says we can have guns but not representation.
First you get the guns. Then you use the guns to get the representation.
Then you get the power.
Then you get the women.
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@demonfafa
What lawmakers and the courts need to recognize is the need for new laws that address the historical fallacy of "everyone is entitled to a gun" and also addresses the obvious problem of personal safety. Let's accept the reality that the 2nd amendment in its current form doesn't necessarily apply to modern America any longer.
I would say that the supreme court just said that ""everyone is entitled to a gun"" is not a "historical fallacy" but reality and that the 2nd amendment does apply to a modern America.