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U.S. Supreme Court Reaffirms 2nd Amendment Rights

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Gun owners across the nation’s ownership rights were reaffirmed by the nation's highest court on Monday, June 28. This came about when the Supreme Court Justices in a 5-4 decision ruled in the case of McDonald v. Chicago, which challenged Chicago’s handgun ban, by stating that the 2nd Amendment right “applies equally to the federal government and the states.”

Arkansas Attorney General Dustin McDaniel co-sponsored an amicus brief by Texas Attorney General Greg Abbott in the McDonald lawsuit by Chicago community activist Otis McDonald challenging Chicago’s handgun ban. The amicus brief was signed by 38 attorney generals who supported a nationwide right to bear arms.

The ruling will have little effect on states such as Arkansas whose state constitution includes a provision protecting their “constitutional right to keep and bear arms within their state.” The Supreme Court made it clear that their ruling does not strike down states’ ability to impose restrictions on gun ownership, but it does restrict the states from imposing an outright ban. One of the regulations that will not be affected is the concealed carry permits issued in the state of Arkansas.

Will their decision allow regulations that appear to be unreasonable to gun owners? It does not prevent such action, so it obviously would be something to be worked out in the courts when it occurs.

Justices John Paul Stevens and Stephen Breyer, joined by Justices Ruth Bader Ginsburg and Sonia Sotomayor, each wrote a dissent noting that, unlike the Washington case, Monday's decision "could prove far more destructive — quite literally — to our nation's communities and to our constitutional structure."

With this ruling cities should be able to keep guns out of the hands of criminals and terrorists while respecting the constitutional rights of law-abiding citizens. How many states and cities that this decision will affect are unknown, but it proves to be a victory for the supporters of the 2nd Amendment right to keep and bear arms.

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About jtkindlenam

  • John Lake

    Cities like Chicago are plagued by hand gun deaths and pain to individuals and families on a daily basis. The streets in some areas are home to street gangs, who revel in drug trafficking, and intimidation.
    To make gun ownership easier in these volatile cities is inexcusable and will result in even more killing.
    In an article here at BC, I made the point that the ideas of arming a “standing militia” or of citizens with guns overthrowing a tyrannical government are outdated and unrealistic.

  • JOHN MORNEAU

    The Declaration of Independence forms the cornerstone of our political philosophy. The second parpgraph essentially states that all of us are equal, we get our rights from our creator, we have certain unalienable rights, government gets its authority from the people as opposed to the other way around in most nations. That essentially means that we are the employer and the government is nothing more than the hired help. The government too often acts as though it is the other way around. The real reason that we have the Second Amendment is so that when all other means fail, we can use deadly force to resist any form of tyrrany foreign or domestic. Government serves at our pleasure and not the other way around. We have an unalienable right to self defense. We also have the right to submit. That is our choice, not the government’s. GUN IS A TOOL. IT IS NO BETTER THAN THE MAN THAT USES IT.

  • D. E. Velazquez (U.S.M.C)

    So John Lake will inflict upon the entire nation a devastating blow to The Constitutional right to bear arms because of a minority of individuals who are criminally prone. New York’s Mayor transformed the City’s own Police Department into an ARMY, because of 12 (?) men with box cutters who changed the way America lives without firing a shot. Yet that same mayor cries and moans and whines about Gun Control. It’s People like Bloomberg and Lake whos hypocrisy knows no bounds. You do not impose restrictions on the masses because of a minority group that incorporates weapons into their illegal and or criminal lives. You CANNOT Legislate EVIL.
    The issue is CHOICE, and we have CHOICE because last I checked we are supposedly a nation of FREEDOM . The debate is so basic yet time and time again Liberals FORCE a debate to which they constantly FAIL at presenting any legitimate argument for gun control. You people love regurgitating statistics from cities that are drowning in poverty, joblesness, and lousy educations and then try to use that as a benchmark for the entire country. Which by the way, does nothing more than insult the rest of the law abiding social construct.Congratulations on that.
    Liberals should do themselves a favor and keep their partisan mouths shut and their cowardly paws off the Constitutional RIGHTS of the citizen body. The people don’t need you or this government in matters of CHOICE. Accept it already. Go hand out some more disasterously managed free taxpayer funded “programs”. You will get a better political “Bang” for your buck.

  • http://cinemasentries.com/ El Bicho

    “The people don’t need you or this government in matters of CHOICE.”

    Does that apply to abortion as well?

  • Igor

    Any gun owner has volunteered as a militiaman and should therefore be drafted and sent to the middle-east when the next war starts, probably upon ascendance of Romney to the US Royal Throne and the joint US/Israel invasion of Iran.

    “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.”