Sorry, I just remembered . . . I am armed
In a decision that could affect gun control laws across the nation, the Supreme Court has agreed to consider whether the Second Amendment protects an individual’s right to carry a gun….
The Supreme Court agreed to step in because the issue has caused a deep split in the lower courts. While a majority of courts have said that the right to bear arms refers in connection to service in a state militia, two federal courts have said the amendment protects an individual’s right to keep a gun.
One of those courts, the United States Court of Appeals for the District of Columbia, went as far as striking down a decades-long ban on the private ownership of handguns in the District of Columbia. It is this case the court has agreed to consider.
The district will argue that the Second Amendment does not prevent the city from enacting reasonable regulations to limit gun possessions in order to protect residents.
The petition raises one question: “whether the Second Amendment forbids the District of Columbia from banning private possession of handguns while allowing possession of rifles and shotguns.”
As noted in the article, the Supremes have not looked at the meaning and scope of the Second Amendment in almost 70 years. And, owing in part to the peculiar circumstances of that case, what they gave us in Miller was essentially a Rorschach Test on gun rights: Whichever position one prefers, one can find in Miller what one wants to find, provided one looks for nothing else.
Clearly, it’s long since past time for a definitive ruling on the issue.
UPDATE: The Court’s order states that the question before it is as follows:
Whether the following provisions — D.C. Code secs. 7-2502.02(a)(4), 22-4504(a), and 7-2507.02 — violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?”
So we will be getting a Second Amendment ruling, absent a decision based solely on procedural issues or a (very unlikley) retraction of cert.