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Supreme Court to Hear D.C. Handgun Case
Second Amendment Case Considers Constitutionality of 1976 Ban
Staff Writer Joshua St. Louis
For the first time in nearly 70 years, the United States Supreme Court will hear a case involving the Second Amendment, concerning the rights of Americans to “bear arms.” This case will determine if the District of Columbia handgun ban is constitutional or not.
The Second Amendment states, “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 Second Amendment’s broad language has often lead to much debate among lawmakers.
The 1976 ban on residents from keeping handguns for private use was passed in order to reduce violence in the city. The Supreme Court has agreed to hear the case sometime next year, with a decision likely to be reached a few months before the 2008 Presidential elections.
Gun control advocates argue that the Second Amendment only allows citizens the right to bear arms when serving in a state-sponsored militia, such as the National Guard. They argue that this right does not extend to personal use. They also cite instances such as the recent Virginia Tech Shooting, arguing that harsher gun control laws could have prevented that tragedy.
The National Rifle Association, as well as former Attorney General John Ashcroft, disagree. On numerous occasions, both have called D.C.’s ban unconstitutional, saying that “Americans have the right to defend themselves.”
The George Mason College Republicans have also expressed their opinion on the matter.
“The Second Amendment is very clear in its wording that every individual has the right ‘to keep and bear Arms,’” Chairwoman Monica Block said. “I hope that the Supreme Court will render a sound and supportive decision in concurrence with that the founders intended and return this right to D.C. Residents.”
The George Mason College Democrats did not respond to questions concerning the issue before deadline.
Reader Responses
Might be the most vague amendment of all
05 Dec 2007, 01:00
"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."
Logic McReason
08 Dec 2007, 14:29
"Might be the most vague amendment of all"
Actually no.
Because the militia is composed of the general public (not a standing
federal army) the people were to be armed to prevent federal tyranny over
the states. In the state of VA for example, all residents over 18 are
considered "unorganized militia" by law.
The term "well regulated" in the 1800s loosely translates to "well supplied
and in good working order."
The word "infringe" in the 1800s had a far stronger meaning. Such as, if
you break a contract, you are "infringing" upon it.
The term "the people/right of the people" is used in the 1st and 4th
Amendment and refer to INDIVIDUALS, not local governments or groups of
people.
To paraphrase; in order for state militias to be well supplied and in good
working order, the federal government must not break the contract - that
people keep and bear arms. Note that the Bill of Rights is a limitation on
the government, not the people ("Congress shall make no law...").
As written: "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."
Note the comma which indicates a second clause. The clauses could be
switched and the meaning would remain the same (ask any English major if
you don't believe me)...
"The right of the people to keep and bear arms shall not be infringed,
[because] a well-regulated Militia [is] necessary to the security of a free
state.
Logic McReason
08 Dec 2007, 14:36
Joshua St. Louis, your article is biased.
How?
"The 1976 ban on residents from keeping handguns for private use was passed
in order to reduce violence in the city."
This leads to reader to believe that violence was actually reduced. You
conveniently leave out the invalidating evidence.
"Gun control advocates argue that the Second Amendment only allows citizens
the right to bear arms when serving in a state-sponsored militia, such as
the National Guard. They argue that this right does not extend to personal
use. They..."
As I already explained, the position of the conveniently unnamed, phantom
gun control advocates is fallacious by virtue of the English language, not
my opinion. Your only balancing statement is some blurb from the NRA.
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