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THE PROGRESSIVE REVIEW - July 1, 2010
Supreme Court Ruling Puts Local, State Gun Bans at Risk
by: Michael Doyle
McClatchy Newspapers-Report
Washington - The Supreme Court on Monday struck down
Chicago's strict firearm ban in a landmark decision
that casts numerous state and local gun laws into
question.
By 5-4, the court ruled that Chicago's long-standing
gun ban violated an individual's right to own firearms,
enshrined in the Second Amendment. The ruling marks the
first time the court has determined that the Constitution
restricts state and municipal gun-control powers.
"Self-defense is a basic right, recognized by many legal
systems from ancient times to the present day," Justice
Samuel Alito wrote for the majority, adding that
"individual self-defense is the central component of the
Second Amendment right."
Alito was part of the court's 5-4 majority that struck
down Washington, D.C.'s gun ban in 2008. The landmark
District of Columbia v. Heller decision was the first
time the court ruled that the Second Amendment's right
to bear arms extends to individuals, not just formal
militias.
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Alito's 45-page majority opinion issued Monday, the last
day of the Supreme Court's 2009-10 term, built directly
on the earlier Washington decision and emphasized through-
out the traditional deference that courts and legislatures
have paid to gun ownership. Alito was joined in then
majority by Chief Justice John Roberts Jr. and Justices
Antonin Scalia, Anthony Kennedy and Clarence Thomas.
"King George III's attempt to disarm the colonists in the
1760s and 1770s provoked polemical reactions by Americans
invoking their rights as Englishmen to keep arms," Alito
said.
He added that for the authors of the Bill of Rights, which
includes the Second Amendment, "the right to keep and bear
arms was considered no less fundamental."
The Second Amendment says that "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.
The 2008 decision was limited to federal jurisdictions,
because the first 10 amendments that make up the Bill
of Rights cover only the federal government.
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The 14th Amendment, added after the Civil War, also
declares that "no state shall make or enforce any law
which shall abridge the privileges or immunities of
citizens of the United States." Over time, the Supreme
Court has determined that most of the Bill of Rights'
provisions applied to the states as well as the federal
government as a result of the 14th Amendment.
The decision Monday extended this reasoning, with the
court's conservative majority declaring that the 14th
Amendment makes the Second Amendment applicable to the
states as well.
Writing in dissent, Justice Stephen Breyer ? joined by
Justices John Paul Stevens, Ruth Bader Ginsburg and Sonia
Sotomayor ? noted that handguns cause an estimated 60,000
deaths and injuries each year, and he cautioned that the
ruling will hinder state and local efforts to control the
carnage.
"Unlike other forms of substantive liberty, the carrying
of arms for that purpose often puts others' lives at
risk," Breyer warned.
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