Guns, yes and no

Individuals have a right to own firearms, the Supreme Court rules. But there can still be limits.
June 27, 2008

» Discuss Article    (99 Comments)

Presented with two historically plausible arguments about whether the 2nd Amendment secures an individual right to keep and bear arms, the Supreme Court on Thursday opted for the interpretation less suited to a 21st century America bedeviled by gun crime. That's the disappointing part of the court's long-awaited ruling striking down the District of Columbia's strict gun-control ordinance. Fortunately, even though the decision endorses the individual-right explanation, it may have limited impact.

Gun-rights advocates will focus on what they will see as the magic words in Justice Antonin Scalia's opinion for a 5-4 majority: "There seems to us no doubt, on the basis of both text and history, that the 2nd Amendment conferred an individual right to keep and bear arms." Though a bit wordy for a bumper sticker, in isolation it could have been composed by the National Rifle Assn.

But Scalia immediately added this qualification: "Of course the right was not unlimited, just as the 1st Amendment's right of free speech was not." Elsewhere, Scalia explicitly cited gun-control laws not affected by this ruling, including those prohibiting felons and the mentally ill from possessing firearms, banning guns from schools and other "sensitive places" and, most important, regulating the sale of guns. Finally, Scalia's definition of weapons protected by the amendment -- those in common use "for lawful purposes like self-defense" -- would seem to exclude Uzis and machine guns. (This ruling thus does not provide an excuse for Congress not to reenact a federal ban on assault weapons.)

None of this changes the fact that the majority -- including Chief Justice John G. Roberts Jr., who pledged fealty to precedent at his confirmation -- has upended an interpretation of the 2nd Amendment that has been the majority view for more than half a century: that the amendment's reference to "a well-regulated" militia limits the right to keep and bear arms to organized military units such as the National Guard.

In his dissent, in which he tellingly traded historical -- and linguistic -- arguments with Scalia, Justice John Paul Stevens offered a spirited defense of the traditional view, one we wish the majority had embraced. But it is a fact that legal historians, some of them supporters of gun control as a matter of policy, increasingly have argued that the 2nd Amendment protects an individual right. (For that reason, some of them have advocated repeal of the amendment -- an undesirable option because it would open up the entire Bill of Rights to revision.)

It was probably inevitable that the court would revisit this issue. The district's ordinance, which banned handguns and made it impossible for law-abiding citizens to keep working firearms in their homes, provided an unusually tempting target for justices who wanted to reconsider a constitutional issue that had been absent from their docket for almost 70 years. Thursday's decision needlessly complicated the lives of legislators seeking to bring gun violence under control. But it could have been worse.




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Discussion

Discuss The Times' editorial on the Supreme Court's recent decision on firearm ownership.
 
1. The 'supremes' might have, but sadly did not, make it absolutely clear that every AMERICAN adult ought to REQUIRED to own and carry firearm(s) in public. How many lives in shopping malls and university campus venues would have been saved had everyone there been packing heat, carrying a concealed weapon, instantly returning fire before the second murder was commited??
Submitted by: tucanofulano
9:01 PM PDT, Jun 28, 2008
 
2. Our Founders would appalled that our society has decided to infringe upon the rights of the lawful to "try" to stop crime. Criminals are allowed to be repeat offenders, repeat offenders who committ the most crime. Instead of keeping societies worst in prison, we allow them to roam free. Everyone deserves a second chance to redeem themselves, but not third, fourth, fifth or more chances. This is the issue that politicians avoid. The Supreme Court decision is step in the right direction, We need to continue this path. Make the Founders proud of what we have done with thier blood, sweat and tears.
Submitted by: EC
6:03 PM PDT, Jun 28, 2008
 
3. so you cite that the interpretation was "militia" for the past 50 years ... you forgot to cite that the "individual" right was the law of the land for the previous 200 years this is balanced reporting? no wonder the LA Times is dying
Submitted by: MIke Rodriguez
12:22 PM PDT, Jun 28, 2008
 




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