Supreme Court to rule on right to keep handguns - For only the second time in history, justices will directly address the 2nd Amendment.
WASHINGTON — The Supreme Court set the stage Tuesday for a historic ruling on whether the fiercely debated 2nd Amendment protects the rights of Americans to keep handguns at home.
The justices said they would review an appeals court decision that struck down a 31-year-old ban on handguns in Washington, D.C. The case will be heard early next year and decided by next summer.
While outright bans on the private possession of guns are rare, many cities and states regulate firearms. If the high court rules in favor of gun owners, the decision could open the door to challenges to regulations and restrictions on firearms across the nation.
Handgun ban: A Nov. 21 Section A article on a Supreme Court case involving Washington, D.C.'s, handgun ban said the city's lawyers had argued that handguns were involved in most violent crime. The city argued in its petition that handguns were used in the majority of murders and robberies, a narrower category than violent crime in general.
In their appeal, District of Columbia officials say their ban on easily concealed handguns dates back to 1858. And they argue handguns are involved in most violent crime. Under the city ordinance passed in 1976, residents may keep shotguns or hunting rifles at home, but these weapons must be disassembled or have trigger locks. Handguns are illegal, except in the hands of police officers.
Six city residents challenged the ordinance as unconstitutional and said it denied them the right to have "functional firearms" at home for self defense.
The 2nd Amendment is among the best known parts of the Constitution. Its familiar words say "the right of the people to keep and bear arms shall not be infringed." These words seem to protect the right to have a gun, just as the 1st Amendment protects the rights to freedom of speech and the free exercise of religion.
In the past, many judges have dismissed the 2nd Amendment as archaic and limited to protecting a state's authority to maintain "a well-regulated militia," a phrase from the opening clause of the amendment. The 2nd Amendment's full text is: "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Although it has been hotly debated for years, the 2nd Amendment has had remarkably little impact in the courts. The ruling in March that struck down the D.C. handgun ban marked the first time a federal court had declared that a gun law violated the 2nd Amendment.
In its only ruling dealing directly with the 2nd Amendment, the Supreme Court in 1939 upheld a man's conviction for transporting a sawed-off shotgun across state lines and said these weapons had nothing to do with maintaining an effective state militia.
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- D.C. gun law goes to Supreme Court Mar 18, 2008
