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Justices affirm gun rights

In a historic 5-4 ruling, the high court says the 2nd Amendment protects individuals' right to bear arms.

THE 2ND AMENDMENT: KEY RULING ON THE RIGHT TO BEAR ARMS

June 27, 2008|David G. Savage, Times Staff Writer

WASHINGTON — The Supreme Court on Thursday ruled for the first time that the 2nd Amendment explicitly protects Americans' right to own guns for self-defense -- resolving one of the Constitution's oldest disputes and reviving the debate over gun rights, crime and violence.

The landmark decision struck down a District of Columbia ordinance, the strictest in the nation, that barred homeowners from keeping handguns. The ruling brought immediate court challenges to similar laws in Chicago and San Francisco.

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In a 5-4 decision, the court said that "the right of the people to keep and bear arms" is not limited to state militias, as some historians have argued. Rather, it protects "the inherent right of self-defense," Justice Antonin Scalia said. Joining him in the majority were Chief Justice John G. Roberts Jr. and Justices Samuel A. Alito Jr., Anthony M. Kennedy and Clarence Thomas.

The four dissenters -- Justices John Paul Stevens, Stephen G. Breyer, Ruth Bader Ginsburg and David H. Souter -- said the majority had unwisely opened the door to legal attacks on popular and effective gun-control measures. "I fear that the District's policy choice may well be just the first of an unknown number of dominoes to be knocked off the table," Stevens wrote in his dissenting opinion.

Scalia stressed that the decision, though historic, was narrow and its practical effects limited.

"Nothing in our opinion should be taken to cast doubt on long-standing prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places, such as schools and government buildings," he wrote. The majority opinion also said that prohibitions on carrying concealed or dangerous and unusual weapons, such as machine guns, were not in doubt.

Scalia did not say how 2nd Amendment rights were to be evaluated. "Since this case represents this court's first in-depth examination of the Second Amendment, one should not expect it to clarify the entire field," he wrote.

Gun rights advocates Thursday made it clear that they would pursue more legal challenges, providing ample opportunity for the high court to revisit the issue.

"It looks to be a phenomenal day for gun owners and District of Columbia residents," said Wayne LaPierre, chief executive of the National Rifle Assn. "The next step is to ensure that every American has access to this right."

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