After taking an intense graduate level class in Criminal Justice and Law in which I plowed through several Supreme Court decisions and wrote several papers, I have an appreciation for and understanding of how decisions are made to a small extent. And because I've read a number of cases, I am sometimes familiar with the prececdents preceding a current case. It really is a fun hobby.
I am currently reading through the majority opinion of the court on the DC handgun case. I'm fascinated to read that, to date, Supreme Court cases have addressed the right to bear weapons in terms of the types of weapons (i.e. restrictions on assault rifles) and the types of persons (i.e. offenders). But this case explores whether the constitution intended for the right to bear arms to be a collective right (i.e. a militia) or individuals (Joe Schmoe down the street owning it for self defense). The decision to go down in history is that the constitution provides this right to the individuals.
I've only begun to dig in, but so far the majority opinion seems dead on, but I'm sure once I read the minority opinion, it will give me something to chew over.
So far, I am pleased that Scalia made clear that the right of the individual to bear weapons does not negate the laws that exist to regulate the types of weapons and who possesses those weapons (i.e. it's perfectly reasonable to make illegal the possession of nuclear weapons by the dude who has spent time in a psych hospital - my example, not Scalia's, lol).
I have a few more thoughts on the topic, but I want to finish reading the decision. Here's the link if you want to join me.
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An extremely interesting epidemiological perspective amidst all this legalese:
:::link:::
Jason, Scalia makes really clear that regulations are entirely reasonable. The line he uses is whether or not it is reasonable to own a particular weapon for self defense. So it would be reasonable to regulate a weapon that is incredibly powerful and would far exceed the need for self defense. For example, a handgun would do the job whereas a fully automatic would be a bit excessive. However, that regulation, I assume, is up to state legislators.
I have a feeling that we're going to see one or two more cases that will define the types of weaponry that can be banned or regulated. Already the NRA is planning on challenging other city's ordinances that they find similar to DC's hand gun laws.
Nope, I stand corrected, I'm not 100% sure on the details but I'm told you CAN buy a fully automatic in the US, but the distribution of licenses is limited, and they are fairly expensive.
I believe the line is drawn at military hardware. For example, I don't think you are allowed to have a fully automatic M4, but you can buy a semi automatic AR-15.
I was surprised at how inexpensive it is to buy a semi automatic rifle. I could be wrong on this, but the DC ban was on handguns. I'm sure an AR-15 would make any intruder poop.
I haven't read the opinions yet, but I wonder how it could have been close. I believe in the 2nd Amendment, but also responsible regulation.
Sorry for the jokes. :)
But, what about my right to keep armed bears?
While I find gun ownership to be constitutional, e-Drew and I don't care for guns. You won't find one in our house, even though I grew up with guns in the house.
I'm not sure how you find the definition of "arms" to be circular, Ajay. I'll have to go back and reread, I guess
And I don't understand what you mean when you say it doesn't cover machine-guns, guns with silencers, etc...
The main point of argument seems to be whether or not the individual or the collective has the rights to bear arms.
Other cases have already defined the right to bear certain types of arms.
I call shotgun!
While I agree with the decisions, I find it interesting that "arms" is defined in a circular way. Why doesn't it cover machine-guns, gins with silencers, etc.?
Again: I'm not against gun ownership (and am looking forward to getting a couple of sweet pieces myself real soon), but I wonder where the line needs to be drawn...
Incidentally, I also agree with the other SCOTUS decision this week regarding capital punishment for people who did not kill somebody. The majority (5-4 again!) struck down death sentences for people on death row who didn't actually kill anybody. They suggest the punishment is disproportionate... I agree, but only barely. Should a child rapist be given the same sentence as a serial killer? Apparently Obama is more hardline than I am on this one!
It is a LONG opinion... I don't have time to read it while I work. :( Overall though, I think the majority were correct in this case, particularly with the point Scalia made that you've highlighted.
The opinions are interesting insofar as they provide a window into the process SCOTUS undertakes - thats the big thing for me anyway. It is nice to learn about how these guys and gals formulate their final thoughts.