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Supreme Court lifts firearms ban, citing Second Amendment

By Pierre Bertand
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The Supreme Court ruled Thursday that citizens of Washington, D.C., have the right to individually own guns outside the context of a state militia, as stated in the Second Amendment of the Constitution.

The 5-4 ruling determined gun ban regulations that prevented citizens from owning and operating firearms in Washington were unconstitutional.

The District of Columbia has had a complete ban on weapons since 1976.

In presenting the court's opinion, Justice Antonin Scalia maintained that the "District's ban on handgun possession in the home violates the Second Amendment."

The decision is not expected to affect Texas gun laws as the ruling does not encompass state laws. Instead, the Supreme Court reviewed laws unique to Washington.

Scalia stressed the importance of not misinterpreting the court's decision. The court's opinion, Scalia said, "should not 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."

Less restrictive gun laws than the District's, whether federal or state, are entirely consistent with the Constitution, said Mike McAnally, president of the Central Texas Chapter of the Brady Campaign to Prevent Gun Violence.

Less restrictive laws such as background checks and regulations on the volume of weapons sold are permissible.

"I think the point taken from this decision is that gun restriction laws can only go so far. I think it establishes guidelines about what can be done," said James Dark, executive director for the Texas State Rifle Association, a state affiliate of the National Rifle Association.

Individuals wanting to purchase a weapon in Texas, however, do not have to abide by such regulations because Texas has very few restrictive gun laws.

"The philosophy of conservatism would agree with the idea of personal freedon," said Clint Chegin, chairman of the Young Conservatives of Texas.

According to the Brady Campaign's state score card, Texas scores nine out of 100 points in the strength of states' gun laws. When purchasing weapons, Texas does not ask for background checks, require licensing or have a maximum number of weapons available for purchase.

As part of the ruling, the justices unanimously conceded that reasonable regulations, including background checks, are nessesary.

"The thought that you can have any gun at any time is wrong. You need regulations," said North Texas Brady Campaign President Marsha McCartney. "Hopefully in the 2009 legislative session, we can have honest dialogue."
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Viewing Comments 1 - 1 of 1

Scot

Scot

posted 6/27/08 @ 9:54 AM CST

This case was written in a narrow fashion, and narrowly addressed only the matter before the court.

I find the primary issue was not addressed to my satisfaction. (Continued…)

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