Tuesday, March 18, 2008

Another look at the High Court's look at the 2nd Amendment

WASHINGTON (AP) - Americans have a right to own guns, Supreme Court justices declared Tuesday in a historic and lively debate that could lead to the most significant interpretation of the Second Amendment since its ratification two centuries ago.

Governments have a right to regulate those firearms, a majority of justices seemed to agree. But there was less apparent agreement on the case they were arguing: whether Washington's ban on handguns goes too far.

The justices dug deeply into arguments on one of the Constitution's most hotly debated provisions as demonstrators shouted slogans outside. Guns are an American right, argued one side. "Guns kill," responded the other.

Inside the court, at the end of a session extended long past the normal one hour, a majority of justices appeared ready to say that Americans have a "right to keep and bear arms" that goes beyond the amendment's reference to service in a militia.

Several justices were openly skeptical that the District of Columbia's 32-year-old handgun ban, perhaps the strictest in the nation, could survive under that reading of the Constitution.

"What is reasonable about a total ban on possession?" Chief Justice John Roberts asked.

Walter Dellinger, representing the district, replied that Washington residents could own rifles and shotguns and could use them for protection at home.


What Dellinger did not say was that DC's law requires the rifles and shotguns to be locked at all times and makes no exception for their use in self defense. The second a DC resident unlocks her shotgun to fend off a serial rapist she breaks the law.

A ban on handguns is stupid, misguided and unconstitutional. A ban on making a legally owned firearm ready for self defense is demoniacally evil.