SCOTUS to review Second Amendment

[DoubleEdgeSword]

Supreme Court to Review D.C. Handgun Ban
by Nina Totenberg

All Things Considered, November 20, 2007 · The Supreme Court agreed Tuesday to review the District of Columbia's nearly complete ban on the right to own and use a handgun. The city is appealing a ruling that said the ban is unconstitutional under the Second Amendment.

It has been more than a half-century since the Supreme Court last interpreted the Second Amendment. The amendment has sometimes been read to protect each American's right to have a gun, and other times to protect that right only in connection with military service.



http://www.npr.org/templates/story/story.php?storyId=16476741

[SparkleHugs]

My friend's theory on the second amendment is that when it was writen, we only had muskets, and therefore we are all entitled to have muskets and no other gun.

I am not too sure how i feel about the ban. there certainly are alot of pro's, but I don't really like the idea. I really like California's gun laws.

hm, yeah, I'm not decided on how i feel about this ban. What do you all think?

[db44]

It wasn't written just in the time of muskets, but in a time there was a good chance we may still be invaded. It was meant more about the right to have a militia than to arm people, and it was about arming that militia, not the public.

I'm not sure either are good for the U.S. anymore.

[pinky]

Apparently, the focus of this case is going to be whether the Second Amendment grants the right to bear arms to individual citizens, or to the populace in the form of a militia.

I think you could make a pretty good case for the latter, but not with this Court.

[DoubleEdgeSword]

I can't see SCOTUS banning guns from individual use. It would throw this country into chaos.

[Richard Tafoya]

Anything that raises the bar from "anyone who can fog a mirror can keep a loaded firearm" to at least the licensing thresholds necessary to get a driver's license is a step in the right direction.

[SparkleHugs]

I think that everyone should be evaluated and every gun should be registered, there should be a waiting period of at least 2 weeks, i think anyone who buys a gun should have no violent history. automatic machine guns shouldn't be available to anyone but the military.

I still think we should have the option of forming our own personal militia's if we need to. I don't trust bush as far as i can throw him, and if he wanted to pull something like Musharaff has in Pakistan, I would have no qualms about private militia's forming in defense of themselves.

[Richard Tafoya]

What about private militias promoting and defending things most Americans don't agree with, like racism?

[SparkleHugs]

I don't like racism, actually not too many things can make me more instantly irate, however, everyone is entitled to their freesdoms. I think private militia's are really only necessary when people's safety is at stake, in the absense of order in our government is the only time i can think of a private milita being appropriate. the liklihood of an occurance where i would actually deem a priviate militia ok is incredibly slim. but our freedoms laid out for us by our founders aren't wavering. The second amendment was written for citizens to have guns for private protection. I do not like the idea of our amendment's being changed because i fear that our other fundamental rights would also be chipped away at, it might be an irrational fear, but its my fear.

I personally don't like guns, they freak me out. but it isnt my place to completely take away the right for other law abiding citizens and their guns. Everyone seems to think its ok to use guns for hunting, i hate hunting, i think its horrible. I'd rather criminals in the street be shot than an innocent animal in the wild. but thats my opinion, and others shouldnt have to abide by that.l My issue lies with those who illegally use guns and no matter how much you try to ban guns completely, those who illegally obtain and use them will still illegally obtain and use them.

Guns should be very restricted, not banned is basically my point.

[pinky]

The Governor of Pennsylvania just lost a battle in the state legislature to restrict the number of guns a person can purchase within a certain amount of time (a month, I think). He is very concerned about the number of gun-related murders in Philadelphia, especially. His point is that people with no criminal records can go and buy 5 or 10 guns at a time, then turn around and sell them on the street, where they do real damage.

I agree with him. Why does anyone need to buy more than one gun at a time, if it's only for personal protection?

Sparks, the point about this case before SCotUS is whether or not the Second Amendment applies to individual private citizens. It's possible to interpret the Amendment in a way that would limit that individual right, without harming the Bill of Rights. I think that's unlikely, given the fact that most of the Bill of Rights does apply to individuals; however, the wording of the Second Amendment specifically names militias.

As I said earlier, I don't think that THIS Court will rule that way, but I do see it as a possibility in the future.

[SparkleHugs]

I also agree with you and your Govenor. There is truly no reason for anyone to buy a buttload of guns at a time. LIke i said, highly restricted, that is a completely logical restriction, I would even say its ok to limit how much time has to pass before you can purchase another gun.

I do think that individual citizens should be able to have a gun should they want it, provided they do all the correct things. All the rights I think they have to have a gun aside, I think it would be entirely impossible to get rid of everyones guns. I know people who have their guns and then have their illegal guns they had before they were banned, that they do not use. I don't condone this, but it happens. and i think for the most part they dont do any harm beyond sitting in a locked case. I think the same would happen if they banned all guns.

I also agree that our current court would never allow a complete ban on guns. So i guess the entire discussion is rather moot. lol