D.C. v. Heller Ruling — The Aftermath

By now, most of you know that the U.S. Supreme Court ruled in favor of Dick Heller, finding that the District of Columbia law barring handguns in the home violated the Second Amendment. That’s great news, but the fall-out from this decision is unclear. The High Court left open the question of how/when this ruling might apply to State gun laws and regulations (via “incorporation” under the 14th Amendment). Likewise, Justice Scalia’s majority opinion acknowledged that individual Second Amendment rights were not without limitation. Many wonder how this case will change American jurisprudence, and more importantly, how this case will impact future challenges to restrictive gun laws.

We’ve read many comments on the Heller decision. Ironically, one of the most cogent analyses of the decision was recently posted on the Democratic Underground Forum. We reprint this here, because it explains what the decision does and does not do, and illustrates how it created a “sea change” in the way courts must consider the Second Amendment from now on:

“The initial impact [of Heller] is tiny — two DC laws will have to be modified. The ruling as it stands has no impact on any other city or state. But it was a TREMENDOUS ruling nonetheless. The Supreme Court has NEVER said anything substantial about what the Second Amendment means. They have finally spoken and settled many arguments.

* It protects an INDIVIDUAL right unconnected to service in a militia.
* It is a right to personal self-defense, that also happens to enable the militia. It is not a ‘hunting and sportsman’s’ right.
* It is a right that pre-existed the Constitution, not one created by the Constitution.
* That right is entitled to at least some degree of protection (to be determined at a later date).

Even if the initial impact is tiny, this ruling is groundbreaking. This is the ‘Roe v. Wade’ of gun rights. The details will have to be fleshed out by future courts and future rulings, but the overall right is established.

Prior to today, there were many who argued that there was no individual right and that guns could be outright banned. After today, the right has been established, and now the long process of defining the limitations on that right begin.

None of our rights are considered absolute by the courts; they all withstand some level of restriction. Now the right to bear arms has been elevated to that position.” — by “SlipperySlope”

What Level of Scrutiny Will Apply?
One key legal question remaining is how, in the future, should courts analyze laws that constrain Second Amendment rights. Must the courts apply a “Strict Scrutiny” standard, as with First Amendment cases, or will there be some kind of intermediate standard? The Majority Opinion did NOT enunciate, outright, that “strict scrutiny” shall apply.

In his dissenting opinion, Justice Stevens called for an “interest balancing inquiry” that asks “whether the statute burdens a protected interest in any way or to an extent that is out of proportion to the statute’s salutary effects upon other important governmental interests.”

Scalia rightly savaged Stevens’ concept, noting that a vague “balancing inquiry” is never applied to other Constitutional rights. Scalia wrote: “We know of no other enumerated constitutional right whose core protection has been subjected to a freestanding ‘interest-balancing’ approach. The very enumeration of the right takes out of the hands of government — even the Third Branch of Government — the power to decide on a case-by-case basis whether the right is really worth insisting upon. A Constitutional guarantee subject to future judges’ assessments of its usefulness is no Constitutional guarantee at all.”

For more insight into the D.C. v. Heller case, read this Wall Street Journal article by Georgetown Law Professor Randy Barnett: News Flash: The Constitution Means What It Says.

Supreme Court Rules Second Amendment Confers Individual Right

Today, June 26, the U.S. Supreme Court issued its ruling in D.C. v. Heller. The High Court struck down the District of Columbia’s law banning all handguns, even in the home. In reaching this result, in a 5-4 ruling, the Supreme Court affirmed that the Second Amendment secures to all Americans (not just those serving in a militia), a right to “keep and bear arms”. This applies both to hunting and self-defense. This is an historic decision that springs from the very foundation of our Republic. The scope of the decision was broader than expected by some legal experts. We do expect some other gun laws to be challenged in the wake of D.C. v. Heller. On the other hand, the High Court did acknowledge that some firearms regulations are both necessary and legitimate, so don’t expect a wholesale dismantling of gun laws nationwide.

CLICK HERE for FULL S.CT. Opinion (.PDF file, 157 pages)
MIRROR LINK for Supreme Court Opinion
READ QUOTES from Majority Opinion

Justice Scalia wrote the 64-page majority opinion. Voting with him were Chief Justice Roberts, Justice Alito, Justice Kennedy, and Justice Thomas. That left Breyer, Ginsburg, Souter, and Stevens in the anti-Second Amendment camp. Justices Stevens and Breyer both wrote lengthy dissents. It is actually quite disturbing that four members of the court believe that the Bill of Rights’ Second Amendment does NOT protect American citizens’ right to use arms for self-defense. Stevens wrote: “there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution.”

Scalia’s Majority Opinion noted that, historically, the Second Amendment was recognized to confer an individual right:

“‘[T]he people,’ refers to all members of the political community, not an unspecified subset. We start therefore with a strong presumption that the Second Amendment right is exercised individually and belongs to all Americans.”

“The 19th-century cases that interpreted the Second Amendment universally support an individual right unconnected to militia service.”

“Every late-19th-century legal scholar that we have read interpreted the Second Amendment to secure an individual right unconnected with militia service.”

Scalia concluded that the Second Amendment must recognize individual rights: “There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms. Of course the right was not unlimited, just as the First Amendment’s right of free speech was not[.]”

“Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.”

Victory for Now — But What Looms Ahead?
It is time for gun-owners and shooting sports enthusiasts to celebrate. But keep in mind that it is possible that one or even two High Court Justices may retire during the term of the next President. If that President is a Democrat, one could expect an anti-Second Amendment judge to be appointed. So…the fight never ends.

“Today’s decision by the U.S. Supreme Court is a major victory for all Americans,” said National Shooting Sports Foundation President Steve Sanetti. “The Heller decision reaffirms the wisdom of our founding fathers in creating the Bill of Rights to protect and preserve individual rights, the cornerstone of our democracy. Furthermore, this decision solidifies an historical fact… that governments have powers, not rights — rights are reserved exclusively for individuals.”

OK NRA… Now Take the Ball and Run

The 5-4 decision in D.C. v. Heller represents a great victory for advocates of Second Amendment rights. Gun owners nationwide, and all who support the rights of free men in a democracy, should indeed celebrate this ruling. However, the battle is far from over. Gun advocacy groups must NOT become idle or complacent, saying “Great, we won, everything will be fine.” The battle has just begun. It is now more important that ever for the NRA and all organizations supporting gun rights to re-double their efforts to challenge unconstitutional and burdensome laws.

As reporter Charles Weller wrote famously: “Now is the time for all good men to come to the aid of their country.” The hard fight is just beginning. The decision in the Heller case provides legal ammunition to continue the fight — both to oppose new anti-gun legislation and to challenge existing laws which infringe on individual rights to keep and bear arms. Personally, I would like to see this Supreme Court ruling spawn dozens of legal challenges around the country. It’s time to go on the attack. We have an opportunity now that may come just once in a century. It’s time to get committed and fight for our rights. Groups like the NRA should start “earning their keep” and lead the effort to overturn existing unconstitutional gun regulations.

Click Here for Latest News on DC v. Heller, including audio interviews with legal experts

Field Pants on Sale at Cabela's — $7.88

You read that right. The price on these M-65 Camo Field Pants is just $7.88. Only two sizes are offered at this bargain price — Medium (Tall) and Large (Tall). Cabela’s claims these are genuine M-65 style field trousers, like those used by the U.S. Military. A couple of buyers said that the pants, while excellent, are thinner than true Army issue. Nonetheless, they are comfortable and sturdy, cut from rugged, heavy-duty nylon-cotton rip-stop fabric. NOTE: these pants do NOT have normal cuffs. Instead there is a drawstring. This helps keep snow and brush out. The Cabela’s M-65 pants are a good choice for hunting and general outdoor wear. They are cut very generously, with adjustable waist tabs.

Here are some user reviews:

CptSlab: “These are just like the M-65 field pants used in the military. They are cut baggy in the legs, thighs and seat for flexibility and to accomodate an optional button-in poly liner for cold weather wear. The material is very tough. There are plenty of pockets and adjustment tabs at the waist. Without the liner they are great for spring and fall.”

9Scout: “I have gone through several pairs of these over the years and I love the extra room and flexibility of these pants. They allow for extra layers underneath in cold conditions or just for single-layer coverage on warmer hunts. The tied ankle cuffs keep seeds and snow out of your boots also.”

Farv: “these pants are tough, have enough pockets for the job, and you can’t get a better all-round camo than good old Woodland. I would have given them 5 stars but the sizing is off — sizing chart suggested I was a large but that was way too big and had to re-order a medium.”

FREE Shipping: If you click through on the Cabela’s link (right column), you can get free shipping on $150.00 minimum orders. Use Code 68FREE on checkout.

Shooting USA Covers Camp Perry Centennial This Week

This week, Shooting USA repeats its broadcast featuring the 2007 Centennial matches at Camp Perry. If you missed it the first time, this “must-see” episode also highlights the 100-year history of the Camp Perry National Championships.

The first Service Rifle competition dates back to the late 1800’s. In 1903 President Theodore Roosevelt formally authorized the national matches to encourage better marksmanship for soldiers and civilians. In the beginning, the matches were held at different locations across the country, but in 1907 Camp Perry (now an Ohio National Guard base) became the permanent site. 100 years later, the tradition continues as America’s most prestigious shooting competition. The annual national matches are a combined effort of the Guard, the Civilian Marksmanship Program and the National Rifle Association.

Shooting USA airs Wednesday Nights on the Outdoor Channel:

Eastern Time 4:30 PM, 8:30 PM, 2:00 AM (Thursday)
Central Time 3:30 PM, 7:30 PM, 1:00 AM (Thursday)
Mountain Time 2:30 PM, 6:30 PM, Midnight
Pacific Time 1:30 PM, 5:30 PM, 11:00 PM

Quality Action Sleeves from John Loh

Many of our Canadian readers were interested in John Loh’s new action sleeves because it is difficult for them to import custom actions. A sleeve stiffens a factory Remington action while increasing the bedding surface. Based on Speedy Gonzalez’ proven design, Loh’s new sleeves are CNC-machined from the highest grade Aircraft aluminum. The sleeves feature a Panda footprint, integral recoil lug, and built-in Davidson scope rail. To learn more, call John at (562) 602-5553, or email him at his website, JJ-Industries.com.

Oak Ridge Hosts IBS 600-Yd Nationals, June 26-28

From June 26-28, the 2008 IBS 600-yard National Championship will be held in Oak Ridge, Tennessee, at the Oak Ridge Sportsmen’s Assn. (ORSA) facility. We expect many of the nation’s top 600-yard shooters will be attending the event, including record-holders Terry Brady, Mike Davis, Sam Hall, and Mark Schronce. If the weather cooperates, new records could be set.

ORSA offers 20 Benches, to accommodate 80 competitors in four relays. Eight targets will be fired for both Light Gun (LG) and Heavy Gun (HG). On Thursday, LG will shoot 3 targets and then HG will shoot 3 targets. On Friday, HG will shot 3 targets and then LG will shoot 3 targets. On Saturday, LG will shoot 2 targets and then HG will fire two targets. Sunday is the rain make-up date. The range will be open for practice on Wednesday, the 25th.

If you plan to shoot and haven’t registered already, do so right away! Entry fee for 2 guns is $150. Entry fees for one gun (either Light or Heavy) will be $80. For more info, contact Larry Sparks, larrysparks [at] chartertn.net .

RESOURCES:
Directions to Range
Oak Ridge City Information
GPS Location for ORSA: 35° 59′ 14.00″ N 84° 19′ 30.90″ W

User Donations More Important Than Ever

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Consider Giving One Dollar a Month
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