Supreme Court: Handgun Ban Unconstitutional
Second Amendment Case, Split the Court Along Conservative and Liberal
Lines, Seen as NRA Victory
(CBS) In some cities plagued by gun
violence, the solution was to ban the guns. But that didn't stop the
gunfire.
Chicago resident Otis McDonald challenged that city's handgun ban,
saying he needed to protect himself.
"If I see innocent and law-abiding citizens on the streets with guns,
I'll be safe," said McDonald. "I'll feel safe because they're not going
out there breaking the law."
Today the Court said
a complete ban on handguns is unconstitutional, ruling individuals
have a fundamental right to protect themselves, reports CBS News chief
legal correspondent Jan Crawford.
The case split the Court sharply along
conservative and liberal lines.
Writing for the majority, Justice Samuel Alito reaffirmed a decision two
years ago that the Constitution's Second Amendment protects an
individual's right to "keep and bear arms" for self defense. That
decision struck down Washington D.C.'s handgun ban.
But today's decision resolved a huge question: Did that landmark
decision to other cities and states, or only to Washington DC?
The Court settled it today: The Second Amendment, Alito wrote, "applies
equally to the federal government and the states."
Retiring Justice John Paul Stevens, in his last day on the Court, said
in dissent, that the ruling would prove "destructive…to our nation's
communities and to our constitutional structure."
The ruling was a victory for the NRA, which has fought for decades to
establish a constitutional right to own guns.
"It's a vindication for the great majority of Americans all across this
land," said NRA CEO Wayne LaPierre.
But the Court emphasized the right was not absolute. Cities and states
can pass
reasonable restrictions on gun ownership.
"We feel confident that communities and states will be able to decide
things now to keep their communities safe," said Paul Helmke, President
of the Brady Center to Prevent Gun Violence.
But even though today's ruling says cities and states can't ban handguns
outright, today's ruling is certain to lead to more lawsuits over
exactly what kind of restrictions they can impose.
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