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SCOTUS - Affirms Gun Rights Nationwide..... trzaska2000 Send a noteboard - 28/06/2010 04:47:03 PM
Throw your guns in the air and wave them like you just don't care:

Gun rights extended by Supreme Court

By MARK SHERMAN
The Associated Press
Monday, June 28, 2010; 10:46 AM

WASHINGTON -- The Supreme Court held Monday that the Constitution's Second Amendment restrains government's ability to significantly limit "the right to keep and bear arms," advancing a recent trend by the John Roberts-led bench to embrace gun rights.

By a narrow, 5-4 vote, the justices also signaled, however, that some limitations on the right could survive legal challenges.

Writing for the court in a case involving restrictive laws in Chicago and one of its suburbs, Justice Samuel Alito said that the Second Amendment right "applies equally to the federal government and the states."

The court was split along familiar ideological lines, with five conservative-moderate justices in favor of gun rights and four liberals opposed. Chief Justice Roberts voted with the majority.

Two years ago, the court declared that the Second Amendment protects an individual's right to possess guns, at least for purposes of self-defense in the home.

That ruling applied only to federal laws. It struck down a ban on handguns and a trigger lock requirement for other guns in the District of Columbia, a federal city with a unique legal standing. At the same time, the court was careful not to cast doubt on other regulations of firearms here.

Gun rights proponents almost immediately filed a federal lawsuit challenging gun control laws in Chicago and its suburb of Oak Park, Ill, where handguns have been banned for nearly 30 years. The Brady Center to Prevent Gun Violence says those laws appear to be the last two remaining outright bans.

Lower federal courts upheld the two laws, noting that judges on those benches were bound by Supreme Court precedent and that it would be up to the high court justices to ultimately rule on the true reach of the Second Amendment.

The Supreme Court already has said that most of the guarantees in the Bill of Rights serve as a check on state and local, as well as federal, laws.

Monday's decision did not explicitly strike down the Chicago area laws, ordering a federal appeals court to reconsider its ruling. But it left little doubt that they would eventually fall.

Still, Alito noted that the declaration that the Second Amendment is fully binding on states and cities "limits (but by no means eliminates) their ability to devise solutions to social problems that suit local needs and values."

*MySmiley*
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SCOTUS - Affirms Gun Rights Nationwide..... - 28/06/2010 04:47:03 PM 457 Views
A good day for liberty. - 28/06/2010 04:55:01 PM 172 Views
Yeah, pretty much - 28/06/2010 05:19:15 PM 175 Views
Great point - whether you agreed with the 2nd amendment or not, its intent is clear..... - 28/06/2010 06:19:08 PM 153 Views
"well regulated militia" *NM* - 28/06/2010 11:56:54 PM 43 Views
Read the dissents, they don't focus on "well regulated militia"..... - 29/06/2010 04:28:06 AM 136 Views
Um, no. - 29/06/2010 06:05:37 AM 147 Views
yes - 29/06/2010 03:18:43 AM 147 Views
Yes. An armed polity is a defended polity. - 29/06/2010 07:13:50 PM 125 Views
Yay for bare arms! (and other parts too ) - 28/06/2010 10:03:39 PM 148 Views
Good, but I am surprised at how many people I've heard today saying stupid things like... - 29/06/2010 03:18:29 AM 160 Views
I really don't think you should be amazed. - 29/06/2010 04:14:20 PM 133 Views
Interesting on many levels. - 29/06/2010 10:27:30 AM 135 Views
Probably the right ruling. - 29/06/2010 08:30:02 PM 142 Views
~sighs~ - 30/06/2010 02:23:21 AM 130 Views
Let's be serious, plenty of supposed constitutional rights nowadays were not intended that way. - 30/06/2010 11:31:01 AM 134 Views
that is a separate discussion - 01/07/2010 05:05:27 AM 127 Views
Re: that is a separate discussion - 01/07/2010 09:31:55 AM 124 Views
My first reading of the article indicated... - 30/06/2010 02:50:33 PM 128 Views
yes, you were wrong - 01/07/2010 04:48:17 AM 120 Views

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