June 26, 2008
Heller with a Gun

The U.S. Supreme Court has just struck down Washington D.C.'s ban on handguns, upholding a lower court's decision.

More important than the individual details of District of Columbia vs. Heller is the Court's interpretation of the Second Amendment, finding the ownership of firearms is an individual and not a collective right.

There'll be more discussion at Sound Politics about the case when the majority and minority opinions are fully released and digested. (And it looks like we're tripping over each other already with Double-E's post below and Pudge's above).

It will be curious to see how gun control activists react to this latest setback. Ever since their heyday in the early 1990s with the passage of the so-called "assault weapons" ban and the Brady Bill the political pendulum has swung decidedly against the movement.

Americans want the ability to own firearms to protect their family and property. The majority of both Republican and Democratic politicians have conceded the issue.

The fact that gun ownership mentioned in Second Amendment is an individual right is self evident by any reading of the language. This is particularly the case when one understands the Constitution and Bill of Rights were written to clearly define and limit the role of the federal government when it came to the citizenry and States.

Now the question is whether local gun ban laws in other American cities will now be declared null and void by fiat with today's SCOTUS ruling. One could argue that a narrow interpretation of the ruling should be followed and that States should be allowed to make their own laws. Washington D.C. is a federal jurisdiction. Since the federal government is not allowed to infringe on the individual's right to keep and bear arms, the decision of D.C. vs. Heller was clear.

But how does this apply, say, to New York? Should States and individual municipalities have the right to craft their own legislation on firearms possession without the meddling of the federal government?

It is shaky at best because for more than 200 years the powers of the States have been suborned to that of the federal government. One might expect gun control activists to suddenly become great state rights supporters and they might even trot out the Tenth Amendment to argue that State and local governments have the authority to limit firearms possession.

Or maybe gun control can finally become one of those historical anachronisms that can finally be shunted to the dusty pages of history to take its place alongside issues like the Silver Standard and Free Soil.

Extra: Incidentally, here in Washington state, the Supreme Court decision is technically an academic discussion. The language in the state constitution is even clearer and stronger, granting its citizens the right to bear firearms than the Second Amendment.

Section 24 Right to Bear Arms. The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.

Posted by DonWard at June 26, 2008 07:35 AM | Email This
Comments
1. "Extra: Incidentally, here in Washington state, the Supreme Court decision is technically an academic discussion. The language in the state constitution is even clearer and stronger, granting its citizens the right to bear firearms than the Second Amendment."

We also have state preemption.

It's too bad that Seattle's mayor didn't seem to grasp this when he issued an executive order banning legal concealed carry on city property.

At best the city will lose when this illegal decree is challenged, but Seattle will still use our tax dollars defending it.

Posted by: Dantzler on June 26, 2008 09:52 AM
2. I am curious how people see the impact on the presidential race. Since it was a 5-4 decision, it seems that we came within one vote of having the Second Amendment made null and void. Pro-gun voters are going to be afraid not to vote for McCain, given that precariousness. The gun issue was critical to the Bush wins over both Gore and Kerry.

The way this came down could greatly benefit McCain.

Posted by: russell garrard on June 26, 2008 11:26 AM
3. Please have Seattle's mayor clarify the difference between a "rule" and a "law". From what I gather, breaking a "rule" is completely legal which beg's the question: Why even waste time creating a "gun ban rule"?

Oh yah, we are in Seattle.

Posted by: Boxxerace on June 26, 2008 01:01 PM
4. @2 Russell - Obama and his defenders are busy backing everything he's saying today after the decision, even though he previously supported DC's ban, along with alot of other anti-gun stances. See the quotes I posted here.

Posted by: Palouse on June 26, 2008 01:04 PM
5. Not that I agree with it, but Nickels might actually get away with his gun rule. He's not banning guns, and his remedy for bringing guns to a park (or whereever else he's banning them) is not confiscating the firearm, but rather asking the person to leave the premises. Seems that asking them to leave is not "impairing" their ability to defend themselves by owning the firearm.

Posted by: Palouse on June 26, 2008 01:50 PM
6. Palouse,

I wonder what would happen when you deny thier request to leave the county park? Sounds like a good reason to carry concealed.

I am sure the SPD will have plenty of time to not only respond to every call, patrol for real criminals and patrol and enforce "feel good-rules" whatever these really mean. If anything, SPD will largely ignore the Mayor's "rule" and stick to the real crime reporting.

Posted by: boxxerace on June 26, 2008 04:26 PM
7. Palouse: federally he might be able to get away with it, but it clearly violates STATE law. So no, he won't get away with it, unless the state law changes.

Posted by: pudge on June 27, 2008 06:25 PM
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