Atlanta, GA 6/27/2008 2:34:32 AM
News / Law

Supreme Court Upholds Second Amendment, Strikes "D.C. Gun Ban"

The U.S. Supreme Court struck down the "D.C. Gun Ban" case on Thursday, upholding the Second Amendment's right to bear arms.

The "D.C. Gun Ban", better known as District of Columbia v. Heller, was the District of Columbia's 32-year-old ban on handguns.

The Supreme Court of the United States (SCOTUS) ruled 5-4 in favor of lifting the ban, giving the Court its first major pronouncement on gun rights in U.S. history.

The court had not conclusively interpreted the Second Amendment since its ratification in 1791. "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" states the Second Amendment.

The court also struck down Washington's requirement that firearms be equipped with trigger locks or kept disassembled, but left intact the licensing of guns.

Chief Justice John Roberts, Justices Samuel Alito, Antonin Scalia, Anthony Kennedy and Clarence Thomas voted in favor of striking down District of Columbia vs. Heller.

Justices John Paul Stevens, Stephen Breyer, Ruth Bader Ginsburg and David Souter voted to uphold it.

The original case involved Dick Anthony Heller, 66, an armed security guard who sued the District after it rejected his application to keep a handgun at his home for protection in the same Capitol Hill neighborhood as the court.

The U.S. Court of Appeals for the District of Columbia ruled in Heller's favor and struck down Washington's handgun ban, saying the Constitution guarantees Americans the right to own guns and that a total prohibition on handguns is not compatible with that right.

National Rifle Association (NRA) supporters were ecstatic about the ruling as they have received the legal backing necessary to promote their message.

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