In its second major ruling on gun rights in three years, the Supreme Court Monday extended the federally protected right to keep and bear arms to all 50 states. The decision will be hailed by gun rights advocates and comes over the opposition of gun control groups, the city of Chicago and four justices.
Justice Samuel Alito wrote for the five justice majority saying “the right to keep and bear arms must be regarded as a substantive guarantee, not a prohibition that could be ignored so long as the States legislated in an evenhanded manner.”
The ruling builds upon the Court’s 2008 decision in D.C. v. Heller that invalidated the handgun ban in the nation’s capital. More importantly, that decision held that the Second Amendment right to keep and bear arms was a right the Founders specifically delegated to individuals. The justices affirmed that decision and extended its reach to the 50 states. Today’s ruling also invalidates Chicago’s handgun ban.
The Second Amendment stands firm with no meddling or changes. So important is the right to keep and bear arms to ensure the First Amendment remains intact. The Founding Fathers of the US were sensible, great men.
Chief Justice John Roberts was the most vocal advocate of using the Due Process Clause to extend the Second Amendment rights to the states. “I don’t see how you can read — I don’t see how you can read Heller and not take away from it the notion that the Second Amendment…was extremely important to the framers in their view of what liberty meant.”
The discussion over “liberty” was a major philosophical theme of the arguments. Gura and National Rifle Association lawyer Paul Clement argued that the rights articulated in the Second Amendment are fundamental freedoms and would exist to all Americans even if there was no law specifically saying so.
Oh that we could have such a document here. Or even the same rights.
To celebrate such a victory here is a little video for my readers to enjoy.
