DC v. Heller Decision

[Marshal Halloway]

The Chief Justice announced today that the Court will issue all of its remaining opinions on Thursday 26th at 10 a.m. Eastern.

We have closed the previous thread and will open this one for new comments.

[DDMac]

Are we there yet?
Mac.

[CurrieS103]

Less than 90 minutes to go.  It looks like everybody is quietly holding their breath.

[cookie62]

Just got home from a 12 hr shift, I'll stay up a little longer

[Marshal Halloway]

We have a decision:

The Court has released the opinion in District of Columbia v. Heller (07-290), on whether the District’s firearms regulations – which bar the possession of handguns and require shotguns and rifles to be kept disassembled or under trigger lock – violate the Second Amendment. The ruling below, which struck down the provisions in question, is affirmed. 

Second  Amendment protects an individual right to possess a firearm.

Justice Scalia wrote the opinion. Justice Breyer dissented, joined by Justices Stevens, Souter and Ginsburg. We will provide a link to the decision as soon as it is available.

[Sponsor]

[BigSaucy]

Whew! Can I breath now?

[Marshal Halloway]

Here's the opinion:
http://www.scotusblog.com/wp/wp-content/uploads/2008/06/07-290.pdf

Quoting the syllabus:   The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditional lawful purposes, such as self-defense within the home.

[Marshal Halloway]

From the SCOTUS blog:

Answering a 127-year old constitutional question, the Supreme Court ruled on Thursday that the Second Amendment protects an individual right to have a gun, at least in one’s home. The Court, splitting 5-4, struck down a District of Columbia ban on handgun possession.

Justice Antonin Scalia’s opinion for the majority stressed that the Court was not casting doubt on long-standing bans on carrying a concealed gun or on gun possession by felons or the mentally retarded, on laws barring guns from schools or government buildings, and laws putting conditions on gun sales.

In District of Columbia v. Heller (07-290), the Court nullified two provisions of the city of Washington’s strict 1976 gun control law: a flat ban on possessing a gun in one’s home, and a requirement that any gun — except one kept at a business — must be unloaded and disassembled or have a trigger lock in place.  The Court said it was not passing on a part of the law requiring that guns be licensed.  It said that issuing a license to a handgun owner, so the weapon can be used at home, would be a sufficient remedy for the Second Amendment violatrion of denying any access to a handgun.

[Marshal Halloway]

Quotes from the opinion:

 “Logic demands that there be a link between the stated purpose and the command.”

“We start therefore with a strong presumption that the Second Amendment right is exercised individually and belongs to all Americans.”

“the most natural reading of ‘keep Arms’ in the Second Amendment is to “have weapons.”

“The term was applied, then as now, to weapons that were not specifically designed for military use and were not employed in a military capacity.”

“Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation.”

“Thus, we do not read the Second Amendment to protect the right of citizens to carry arms for any sort of confrontation, just as we do not read the First Amendment to protect the right of citizens to speak for any purpose.”

“The prefatory clause does not suggest that preserving the militia was the only reason Americans valued the ancient right; most undoubtedly thought it even more important for self-defense and hunting.”

“It was plainly the understanding in the post-Civil War Congress that the Second Amendment protected an individual right to use arms for self-defense.”

“Like most rights, the right secured by the Second Amendment is not unlimited.”

“Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should 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.”

“We also recognize another important limitation on the right to keep and carry arms. Miller said, as we have explained, that the sorts of weapons protected were those ‘in common use at the time.’ 307 U. S., at 179.”

“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.”

 ”In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense. Assuming that Heller is not disqualified from the exercise of Second Amendment rights, the District must permit him to register his handgun and must issue him a license to carry it in the home.”

[Ksail101]

I guess I am not the sharpest tool in the shed.

Does this mean we all the right to carry a firearm as long as we have a license?

And also you must have a license to have a loaded gun in your home. Here in WA State it is legal to have a firearm concealed and loaded in ones home and fixed place of Business. Will these laws change? Or is this just a line drawn that no law can be passed to ban firearms past this point? Like this is as heavy of a resriction that one state can pass on Lawful gun owners.