Sunday, November 23, 2008

How the Second Amendment Was Restored On the last date of the U.S. Supreme Court’s 2008 spring session, justices declared by a 5-4 decision in D.C. v. Heller that, yes, the Second Amendment does secure an individual right to keep and bear arms. With that, the high court voided the District of Columbia’s extreme regulations on gun ownership, which had amounted in practice to a complete ban on any usable weapon for self-protection, even in the home. In retrospect, D.C. v. Heller seems almost inevitable, because of shifting public and academic attitudes toward gun rights. But victory came only after a protracted struggle, with many pitfalls along the way. It was pulled off by a small gang of philosophically dedicated lawyers—not “gun nuts” in any stereotypical sense, but thoughtful libertarians who believe Second Amendment liberties are a vital part of our free republic. Together they consciously crafted a solid, clean civil rights case to overturn the most onerous and restrictive set of gun regulations in the country. In the process, they set the stage for further legal challenges to other firearms restrictions from coast to coast....The article linked to is an excerpt from the book Gun Control on Trial: Inside the Supreme Court Battle Over the Second Amendment by Brian Doherty.

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