Court: Yes, Chicago, there is a Second Amendment
It will take some time to digest all 214 pages of opinions in today’s Supreme Court ruling in a gun-rights case. But this much is clear: A 5-4 majority of justices said gun-ownership rights are “fundamental to the Nation’s scheme of ordered liberty,” and that city and state governments therefore can’t deny them.
Legal scholars will debate the way the justices went about affirming the “fundamental” nature of the Second Amendment; there was some disagreement even within the five-justice majority. But the key to the case, titled McDonald v. Chicago, was whether the Second Amendment is truly integral to our system of government.
As Justice Samuel Alito wrote for the majority, the Court had already answered that question in its Heller decision, which struck down a handgun ban in the District of Columbia:
Self-defense is a basic right, recognized by many legal systems from ancient times to the present day, and in Heller, we held that individual self-defense is “the central component” of the Second Amendment right. (Italics original)
If the thorniest of our policy debates are, to use a football analogy, played between the 40-yard-lines, Chicago’s ban on handguns, even those kept in homes for self-defense purposes, was an attempt to pin the pro-gun rights crowd inside its own 10-yard-line and keep it there. With that said, gun rights will continue to see pushes from policy makers on both sides of the issue. As Hans von Spakovsky wrote in a Heritage Foundation blog item:
The Court clearly said that some government regulation of guns is allowed. But how far can state and local governments go? How burdensome can their regulations be? Can they decide to allow gun ownership that will enable a homeowner to protect himself and his family in his home, but prohibit the concealed carrying of a handgun? All of these questions remain unanswered by today’s opinion that was decided by a narrow one-vote majority.
So, please: No comments about how this decision is “radical” or “dangerous” or anything of the sort. The only thing here that was radical was the Chicago ordinance that has now been struck down sent back to a lower court, which will almost certainly have to strike it down. [edited at 11:48 a.m.]
Tell us what you think about the site
Customer Care »
Vacation stops, manage subscriptions and more
AJC Services
Sections
Other Editions
Visitor Agreement | Privacy Statement
© 2013 The Atlanta Journal-Constitution
297 comments Add your comment
Enormously Insane
June 28th, 2010
6:50 pm
Remember folks:
According to H, White people are evil, guns are bad, Bush caused WW2, Hitler was good, Muslims are peaceful, liberalism is awesome, abortion is great, communism is better than capitalism, white people should all be enslaved by Obama, Rush Limbaugh is a fat white guy, America sucks and Iran is the greatest country on Earth.
Enormously Enormous
June 28th, 2010
6:52 pm
H must stand for Hypocrite.
Enormous H
June 28th, 2010
6:54 pm
Rush Limbaugh is a fat white guy
Hey, you got one right. Congrats weak meat!
So private schools crank out mental midgets too, Roberto?
Lemme guess, you are a graduate of the Little Jeebus Academy of Powder Springs! Magna cum loudmouth.
Enormous Hooligan
June 28th, 2010
6:54 pm
The left has had a very very bad day today. It will only get worse for them as November approaches.
Enormous Hooligan
June 28th, 2010
6:55 pm
Enormous H, did your folks hang that award you received from Fat Camp for biggest loser?
Enormous Hooligan
June 28th, 2010
6:57 pm
Enormous H
Graduated last in his class from Special Ed U.
Earned his degree in Drool.
Works as the 3rd shift at McDonald’s cleaning up puke in the stalls from leftover drunks.
Plans on losing 200 pounds.
Enormous Hooligan
June 28th, 2010
6:58 pm
“Hey, you got one right. Congrats weak meat!”
Funny that you didn’t argue the other points. Communist much?
Jillian
June 28th, 2010
6:59 pm
I’m still pondering today’s decision as to it’s merits for me. In the meantime: Please. Can someone explain this to me. How come in countries like England, where I believe handguns are banned except for cops and only long guns(rifles) are legal are there like less than 100 murders ALL year in the entire country with handguns? Why is that?
Cynthia McKinny
June 28th, 2010
7:01 pm
Enormous H
As president of the communist movement of America, let me be the first to ask for your help with my campaign to get rid of white people. Please join me at the next Black Panther Party at South Dekalb Mall. Drinks and hair weaving sessions will be provided.
C McKinny
Down with whitey!
Capt. America
June 28th, 2010
7:02 pm
“Why is that?”
Because they don’t have thugs and gangs running around like we do.
Enormous H
June 28th, 2010
7:02 pm
Now the other weak meat, I suspect he graduated from the US Military Academy in 1967. He won several Congressional Medals of Honor and numerous medals for valor under fire while fighting alongside Rush, Cheney, Chambless, Frist, Delay, Hannity, McConnell, Gingrich, Reagan and George W.
After his brilliant military career, he then went on to pump septic tanks for the Marietta Roto-Rooter Company.
And secretly attends N@zi Party meetings in his mom’s basement.
Answer to your question
June 28th, 2010
7:03 pm
Jillian
That’s an easy answer. The UK doesn’t accept/promote black on black violence like we do here in the States.
Enormous Hooligan
June 28th, 2010
7:04 pm
“And secretly attends N@zi Party meetings in his mom’s basement.”
Now Enormous, why would I attend a DNC meeting?
gatorman770
June 28th, 2010
7:05 pm
songbird
June 28th, 2010
1:07 pm
Why is it that so many guns sold legally in Georgia end up being used in crimes in other states? I’m not against guns. I have a handgun in my home, but too many guns are being sold to the wrong people.
I’ve heard the reports, but not any arrest. Seems like the anti-gun mayor of NY and Chicago are more interested in keeping honest citizens from having guns to protect themselves (while they have their personal guard details with fullautoweapons)rather than arresting criminals! They had to show proper ID at the GA gun stores and there’s video cameras at most all the stores, so why don’t they lock up people that made the purchases. What’cha wanna bet the purbs that used the guns illegally have prior records?
Enormous H
June 28th, 2010
7:06 pm
Weak meat. Are you ALWAYS the pivot man in your clique-ish little Wingfield circlejerk? Or do your pals here ever “relieve” you of that tiresome duty?
Jack
June 28th, 2010
7:09 pm
Someone said Guns and Religion are for wimps, thats why there is Europe, for people like you.
Enormous H
June 28th, 2010
7:14 pm
Time for Enormous H to leave you losers to your miserable personae aboard the good ship Wingfield.
Don’t worries foolish bigots, I’m only here this one time to give you a nasty little taste of what you dish out daily. And you hate me because I beat you illiterates at your own puerile game.
But then again maybe I’ll return some day.
“Romper, bomper, stomper boo. Tell me, tell me, tell me, do. Magic Mirror, tell me today, have all my friends had fun at play? I can see Scotty and tiny d and Kimberly and Bob Scofflaw and Julie and Jimmy and Kelly and weak meat and all of you boys and girls out there!”
Mark "Crimson Crier" Ingram
June 28th, 2010
7:21 pm
PEOPLE ASK WHY?
Why Carry a Gun?
My old grandpa said to me ‘Son, there comes a time in every man’s life when he stops bustin’ knuckles and starts bustin’ caps and
usually it’s when he becomes too old to take an ass whoopin.’
I don’t carry a gun to kill people.
I carry a gun to keep from being killed.
I don’t carry a gun to scare people.
I carry a gun because sometimes this world can be a scary place.
I don’t carry a gun because I’m paranoid.
I carry a gun because there are real threats in the world.
I don’t carry a gun because I’m evil.
I carry a gun because I have lived long enough to see the evil in the world.
I don’t carry a gun because I hate the government.
I carry a gun because I understand the limitations of government.
I don’t carry a gun because I’m angry.
I carry a gun so that I don’t have to spend the rest of my life hating myself for failing to be prepared.
I don’t carry a gun because I want to shoot someone.
I carry a gun because I want to die at a ripe old age in my bed, and not on a sidewalk somewhere tomorrow afternoon.
I don’t carry a gun because I’m a cowboy.
I carry a gun because, when I die and go to heaven, I want to be a cowboy.
I don’t carry a gun to make me feel like a man.
I carry a gun because men know how to take care of themselves and the ones they love.
I don’t carry a gun because I feel inadequate.
I carry a gun because unarmed and facing three armed thugs, I am inadequate.
I don’t carry a gun because I love it.
I carry a gun because I love life and the people who make it meaningful to me.
Police protection is an oxymoron.
Free citizens must protect themselves.
Police do not protect you from crime, they usually just investigate the crime after it happens and then call someone in to clean up the mess.
Personally, I carry a gun because I’m too young to die and too old to take an ass whoopin’…..author unknown (but obviously brilliant)
**********************************************
A LITTLE GUN HISTORY
In 1929, the Soviet Union established gun control. From 1929 to 1953, about 20 million dissidents, unable to defend themselves, were rounded up and exterminated.
——————————
In 1911, Turkey established gun control. >From 1915 to 1917, 1.5 million Armenians, unable to defend themselves, were rounded up and exterminated.
——————————
Germany established gun control in 1938 and from 1939 to 1945, a total of 13 million Jews and others who were unable to defend themselves were rounded up and exterminated.
——————————
China established gun control in 1935. >From 1948 to 1952, 20 million political dissidents, unable to defend themselves, were rounded up and exterminated.
——————————
Guatemala established gun control in 1964. From 1964 to 1981, 100,000 Mayan Indians, unable to defend themselves, were rounded up and exterminated.
—- ————- ————-
Uganda established gun control in 1970. From 1971 to 1979, 300,000 Christians, unable to defend themselves, were rounded up and exterminated.
——————————
Cambodia established gun control in 1956. From 1975 to 1977, one million educated people, unable to defend themselves, were rounded up and exterminated.
—————————–
Defenseless people rounded up and exterminated in the 20th Century because of gun control: 56 million.
——————————
You won’t see this data on the US evening news, or hear politicians disseminating this information.
Guns in the hands of honest citizens save lives and property and, yes, gun-control laws adversely affect only the law-abiding citizens.
Take note my fellow Americans, before it’s too late!
The next time someone talks in favor of gun control, please remind them of this history lesson.
With guns, we are ‘citizens’. Without them, we are ’subjects’.
During WWII the Japanese decided not to invade America because they knew most Americans were ARMED!
If you value your freedom, please spread this anti gun-control message to all of your friends.
The purpose of fighting is to win.
There is no possible victory in defense.
The sword is more important than the shield, and skill is more important than either.
The final weapon is the brain.
All else is supplemental.
SWITZERLAND ISSUES EVERY HOUSEHOLD A GUN!
SWITZERLAND’S GOVERNMENT TRAINS EVERY ADULT THEY ISSUE A RIFLE.
SWITZERLAND HAS THE LOWEST GUN RELATED CRIME RATE OF ANY CIVILIZED COUNTRY IN THE WORLD!!!
IT’S A NO BRAINER!
DON’T LET OUR GOVERNMENT WASTE MILLIONS OF OUR TAX DOLLARS IN AN EFFORT TO MAKE ALL LAW ABIDING CITIZENS AN EASY TARGET.
I’m a firm believer in the 2nd Amendment!
Mike Lorrey
June 28th, 2010
7:35 pm
PBJ,
Actually, the Chicago gun ban wasn’t an outright gun ban. They had two separate laws, one which required guns be registered if kept in the home or within city limits, and a second which prohibited the registration of guns for anybody who isn’t a cop, democratic party official, union boss, or other major contributor to Mayor Daley’s campaign coffers. The court saw through this thinly veiled ban and correctly ruled against Chicago.
What amuses me so much about the dissenting opinions is we now see, in Stevens and Breyers arguments in favor of Ku Klux Klansman’s execution of african americans and deprivation of the african americans right to keep and bear arms, that Liberals are the true racists.
Mojavegreen
June 28th, 2010
7:41 pm
The only thing this case did was make blanket the entire country vice only W-DC. The important one is tomarrow. It could mean the end of gun control laws OR it could let them become more draconian in nature without outright banning them.
Educated
June 28th, 2010
8:05 pm
CJ and others, you clearly misinterpret what seems to be plainly written (I’m guessing you earned a C in English). The second amendment section dealing with firearms contains the “Why” and the “What”. Why? A well regulated militia is necessary to protect a free state. What? “the right of the people to keep and bear Arms, shall not be infringed.”
Don’t rely on my simple interpretation. Let’s ask the guys that wrote and voted on the 2nd amendment:
George Mason (co-author of 2nd amendment): “I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them.”
“.. the people are confirmed by the next article in their right to keep and bear their private arms”
Philadelphia Federal Gazette article on the bill of rights.
“The constitutions of most of our States assert that all power is inherent in the people; that … it is their right and duty to be at all times armed… ”
Thomas Jefferson
“The great object is that every man be armed.”
“Everyone who is able may have a gun.”
Patrick Henry
“To preserve liberty, it is essential that the whole body of the people always possess arms and be taught alike, especially when young, how to use them.”
Richard Henry Lee
Would you like me to keep going?
"Information becomes a distraction, a diversion, a form of entertainment" - BHO, May 1, 2010
June 28th, 2010
9:51 pm
KYLE- May I please suggest a different topic?
The Oil Spill is worse today than it was yesterday.
This curse could have been stopped a long time ago but the morons in charge got us into this bullshizzzz!
fred
June 28th, 2010
9:52 pm
“Crimson Crier”, Amend your list and just state the obvious, your a little scaredy cat….
"Information becomes a distraction, a diversion, a form of entertainment" - BHO, May 1, 2010
June 28th, 2010
9:53 pm
Perhaps we ought to just blow up the well?
"Information becomes a distraction, a diversion, a form of entertainment" - BHO, May 1, 2010
June 28th, 2010
10:05 pm
The Internet is too dangerous. Please go back into your coma.
Information and Persistence will triumph.
Pay Attention.
Speak Without Fear !
Lil' Barry Bailout
June 28th, 2010
10:07 pm
(and then vote in November)
"Information becomes a distraction, a diversion, a form of entertainment" - BHO, May 1, 2010
June 28th, 2010
10:08 pm
The Brown Shirts are massing around my imaginary IP address…. LMAO
Enormous Hooligan
June 28th, 2010
10:23 pm
“Time for Enormous H to leave you losers to your miserable personae aboard the good ship Wingfield.”
Have fun working the street corner tonight.
DEWSTARPATH
June 28th, 2010
11:59 pm
- From Jim Wooten’s “Obama or ‘lying eyes?’ forum:
DEWSTARPATH is an idiot (aka “Bob LobLAw” aka “ye of many
names” – especially in this forum):
June 28th, 2010 – 11:34 am
DEWSTARPATH is a raving lunatic with a stalking fetish.
– Looks like you had a full workday, Loblaw. All of the evil democrats
must be “raving lunatics” who are stalking you, “songbird” in particular.
She made you claim you were an industrial engineer who was the boss
of your own company – where you sit around ALL DAY LONG attacking
other bloggers. You had to jump to another handle (Cars yada yada,
which by the way you appropriated from another poster) to do this.
Nobody makes you post idiotic comments. You can’t help yourself.
Your own adolescent comments give you away.
And here you are again – with the “troglodyte” and “World of Warcraft”
fetish you’ve been obsessing about since you posted as LA last year.
If all of the hours you wasted on this nonsense doesn’t knock some
sense into your head, nothing will. Not that it matters – all of your
“handles” are useless. The other commenters (even the new ones)
are on to you.
DEWSTARPATH is warped
June 29th, 2010
8:22 am
DEWSTARPATH
If you could read, which you choose not to, you’d know that Enormous H came on here threw out the first insult. Songbird and I were just having fun.
Too bad you don’t have a life.
Kagan is an ugly man
June 29th, 2010
8:46 am
Al Franken fell asleep during the hearings. Who can blame him. If I had to stare at that ugly Mr. Kagan I’d fall asleep myself.
http://www.youtube.com/watch?v=BVyuB-cy_wY&feature=player_embedded
Shawny
June 29th, 2010
9:04 am
What amazes me is how the liberals that do not like this decision point fingers at the conservatives and tout, “I though you were for states and local municipalities rights over the central govt”.
Yet, what they are saying without saying is that they (and the lib justices) are for states rights. Since we know this to be false, the obvious conclusion is that this case is not about Chicago’s or any state’s right to legislate vs. the fed. It is about their ability to legislate something that is unconstitutional.
The law that Chicago put in place, a ban on something that was constitionally granted, is itself unconstitutional. Therefore the correct ruling was against the Chicago ban. The real crime was that 4 justices voted the opposite. The 4 libs.
The hypocrisy of liberals is that they love defending rights granted under the constitution when they include flag burning, etc. but when they include something against their ideals, then they are not in favor of upholding constitutional rights.
Alex
June 29th, 2010
9:06 am
Bush’s conservative activist judges (who were placed there there to legislate from the bench) don’t understand that the second amendment was never meant to allow every yahoo with a Dirty Harry fantasy to strut around with a gun in their pocket.
David Beall
June 29th, 2010
9:07 am
CJ, the Supreme Court has ALREADY RULED that the second amendment is an INDIVIDUAl right when they struck down the DC ban. You can keep spouting that “well-regulated militia” crap all you want.
David Beall
June 29th, 2010
9:08 am
Alex, the second amendment was meant to do EXACTLY that.
Kagan is an ugly man
June 29th, 2010
9:17 am
“Bush’s conservative activist judges (who were placed there there to legislate from the bench) don’t understand that the second amendment was never meant to allow every yahoo with a Dirty Harry fantasy to strut around with a gun in their pocket.”
Why do you want innocent people killed by criminals?
Why do people like you want law abiding citizens shot and killed?
Kagan is an ugly man
June 29th, 2010
9:18 am
David Beall
People like CJ and Alex hate people who want to defend themselves from criminals. These same people are fine with situations like the one in Chicago where the city is under siege by gangs and thugs who don’t care about laws.
Kagan is an ugly man
June 29th, 2010
9:20 am
Shawny
54 shootings happened over one weekend in Chicago and Daley said that the city needed more gun laws. Idiots like him are a big reason why criminals exist. Like Obama, he blames the victims instead of the criminal.
Gator Joe
June 29th, 2010
10:18 am
Kyle,
I don’t own a firearm, and haven’t done much shooting since my days as a Marine (non-combat). But I’m concerned with criminals having them, as well as, the extremist Right Wing militia types, or any emotionally unstable individuals. By the way, what are reasonable regulations regarding firearm ownership and use? Would it be ok for your neighbor to fire his, or her, fully automatic AK-47 next door? How about carrying a loaded handgun on board a commercial airliner? Or should bar patrons, consuming alcohol or not, be allowed to posess a handgun there? I won’t ask any more questions, but completely unrestricted, unregulated firearm posession, will not result in a better USA.
republican chicken
June 29th, 2010
10:20 am
oooh! this big ole gun makes me feel so tough…..
DEWSTARPATH
June 29th, 2010
11:25 am
DEWSTARPATH
LobLAw:
“If you could read, which you choose not to, you’d know that Enormous H came on here threw out the first insult. Songbird and I were just having fun.”
“Too bad you don’t have a life.”
I do have a life – I just don’t spend it typing on blogs all day long –
or accusing people who respond to my comments of not being
able to read.
No More Progressives!
June 29th, 2010
11:35 am
CJ
June 28th, 2010
12:21 pm
Second Amendment: “A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
But for the five activists on the Supreme court who, ignoring the portion of the Second Amendment they don’t like, created a right that doesn’t otherwise exist in the Constitution. The right to keep and bear arms is the right of a State to form and maintain a “well regulated militia”. Such a right was not delineated for individuals.
A “right” that doesn’t exist. The 2nd Amendment comes from “The Bill of Rights.”
Civics class over.
No More Progressives!
June 29th, 2010
11:40 am
The right to keep and bear arms is the right of a State to form and maintain a “well regulated militia”. Such a right was not delineated for individuals.
You & Al “Sex Poodle” Gore, with your living, breathing Constitution. It’s amazing how the lefties can divine something from plainly written English, and contort it 7 ways to Sunday.
Kagan is an ugly man
June 29th, 2010
12:00 pm
“I do have a life – I just don’t spend it typing on blogs all day long –
or accusing people who respond to my comments of not being
able to read.”
Yet you are here. Blogging. Typing….
Bob
June 29th, 2010
12:24 pm
I think the word militia, as used in the 18th Century, doesn’t mean was many people thinks it means. Today’s “militia” as most people think of, is the National Guard, a military body regulated by State and Federal Authority.
Back in the 18th Century it was a bunch of home owners who organized to carry out an organized and regulated defense of their town and individual farms and homes from all types of enemies. That could be raiding parties, armed thugs, or simply a richer neighbor that covets your land and home and hires someone to do the dirty work.
The militia was not just another exclusively military and policing branch of government rules by some singular central authority on high. It was a bunch of trained shooters, under some local authority to regulate them, that were defending their lives and homes. This is, in essence, self defense.
DEWSTARPATH
June 29th, 2010
10:03 pm
“Yet you are here. Blogging. Typing….”
Yes. My second one today – Not ALL DAY LONG
like you on June 28th.
Why Kagan should be filibustered | Kyle Wingfield
June 30th, 2010
12:06 pm
[...] quarter-century has yielded more than evasiveness. As Jonah Goldberg writes at Townhall.com, in the McDonald vs. Chicago gun-rights case that the Supreme Court ruled on this week, [Sotomayor] concurred with Justice Stephen [...]