Wednesday, July 2, 2008

From our friends at NC Against Gun Violence

NCGV Members,

As you probably know, today the Supreme Court in their D.C. v Heller Decision found that the 2nd amendment is a personal right and that it is unconstitutional to pass a general ban on handguns. While their decision is in opposition of almost 70 years of precedent, the Supreme Court's ruling also supported the need for sensible gun legislation. Please find below several positive aspects of today's ruling.

The ruling today established that the 2nd amendment is NOT an absolute right. In his Majority Opinion Justice Scalia stated: "Like most rights, the right secured by the Second Amendment is not unlimited . . . the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose."

The ruling today supported sensible gun safety legislation. The Supreme Court ruling upheld laws that promote gun safety such as the prohibitions on gun ownership by "felons and the [dangerous] mentally ill." The decision also upheld laws that prohibit individuals from "carrying firearms in sensitive places such as schools and government buildings."

The ruling today upheld restrictions on gun purchasing. The decision stated that supporting the personal right of an individual to bear arms did not circumvent "laws imposing conditions and qualifications on the commercial sale of arms."

The ruling supported registration and licensing. While overturning the 30-year-old D.C. handgun ban the Majority Opinion stated the District of Columbia could use other tools to prevent gun violence such as registration and licensing of handguns.

The ruling may hurt the anti-gun safety lobby. In past years "pro-gun" groups have opposed sensible gun legislation claiming they feared any/all legislation was a slippery slope to losing their right to bear arms. Now that the highest court in the land has stated that the 2nd amendment is a personal right, these groups and politicians will have less justification for blocking reasonable gun laws. Today in the media NCGV called on these groups to now work with us to find a middle ground in sensible solutions to preventing gun violence.

Sadly, however we can anticipate that the Heller decision may cause of us a variety of problems. The gun lobby and other groups may use the decision to file legal attacks on existing gun laws. Many experts predict the definition of "reasonable regulations" will be decided in court cases across the country. Which is why with your help NCGV will continue to fight for sensible gun laws to help protect you, your family, and your community.

Thank You for Saving Lives.

www.ncgv.org

Blog Editor Note* NASW-NC is a member of NCGV and works with coalition partners on these legisaltive issues.

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