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GUN RIGHTS PREVAIL: SCOTUS upholds 2nd Amendment

June 28, 2010

Danny Panzella

The Supreme Court today (Monday 6/28/2010) upheld the 2nd amendment federally protected right to keep and bear arms to all 50 states.

The court issued the 5-4 ruling Monday morning in McDonald vs. City of Chicago, which challenged handgun bans in the City of Chicago. Where Mr. McDonald sued the city to win back his 2nd Amendment right to bear arms to protect himself in his “rough neighborhood.” Chicago had banned handguns. Mr. McDonald had been burglarized several times in the past few years. I’ve considered owning guns illegally to protect my life, “But i wont do that.” Said McDonald on the Stossel show which aired last week.

In a 2008 decision (D.C. v. Heller ) that invalidated the handgun ban in the nation’s capital. More importantly, that decision held that the Second Amendment right to keep and bear arms was a right the Founders specifically delegated to individuals. The justices affirmed that decision and extended its reach to the 50 states. Today’s ruling also invalidates Chicago’s handgun ban.

Chief Justice John Roberts was the most vocal advocate of using the Due Process Clause to extend the Second Amendment rights to the states. “I don’t see how you can read — I don’t see how you can read Heller and not take away from it the notion that the Second Amendment…was extremely important to the framers in their view of what liberty meant.”

The discussion over “liberty” was a major philosophical theme of the arguments. Gura and National Rifle Association lawyer Paul Clement argued that the rights articulated in the Second Amendment are fundamental freedoms and would exist to all Americans even if there was no law specifically saying so.

The language used in reporting this victory for personal sovereignty and constitutional liberty by the mainstream corporate media is reprehensible. Media outlets are reporting that SCOTUS “extended” gun rights to the states. Implying that SCOTUS has the authority to decide whether or citizens are allowed to own guns. I’ve got news for the media many of which would love to see the populace unarmed; the Constitution of the United States GUARANTEES the right to keep and bear arms for all citizens. No one, not SCOTUS, or Elena Kagan, or President Obama has the authority to take back that right.

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