Artist rendering of oral arguments against Washington D.C.'s handgun ban
The Associated Press

An artist's rendering of Tuesday's oral arguments before the U.S. Supreme Court challenging Washington D.C.'s handgun ban.

Featured Topic | Posted 17 weeks 4 days ago

High noon at the High Court: Is gun ownership an individual right?

If it goes without saying that the nation is divided over gun laws, the Supreme Court certainly seemed to mirror that split during arguments today challenging the District of Columbia's stringent gun control law. Though many justices appeared to lean in favor of an individual right under the Second Amendment, they diverged over whether such a decision would still allow D.C.'s handgun ban to stay in place.

Is gun control constitutional? Should the justices affirm the individual right to own guns? Or should cities have the power to ban guns in order to fight crime?

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Ben likes: Gun-rights showdown

Randy Barnett/Wall Street Journal

Although the implications of striking down the D.C. gun ban are limited, a decision upholding an unqualified individual right in Heller would still be a significant victory for individual rights and constitutionalism. To shrink from enforcing a clear mandate of the Constitution -- as, sadly, the Supreme Court has often done in the past -- would create a new precedent that would be far more dangerous to liberty than any weapon in the hands of a citizen.

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Joel likes: The view from Cambridge

Lawrence Tribe/SCOTUS Blog

It is true that some liberal scholars like me, having studied the text and history closely, have concluded, against our political instincts, that the Second Amendment protects more than a collective right to own and use guns in the service of state militias and national guard units. Opponents of the District’s flat ban on handgun possession have cited my words to the court and in newspaper editorials in their support.

But nothing I have discovered or written supports an absolute right to possess the weapons of one’s choice. The lower court’s decision in this case -- the D.C. Circuit Court of Appeals found the District’s ban on concealable handguns in a densely populated area to be unconstitutional -- went overboard. Under any plausible standard of review, a legislature’s choice to limit the citizenry to rifles, shotguns and other weapons less likely to augment urban violence need not, and should not, be viewed as an unconstitutional abridgment of the right of the people to keep or bear arms.

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