Monday, June 28, 2010

Anybody can have a GUN!

Supreme Court upheld the 2nd Amendment, the "right to keep and bear arms".  Individuals have a right to keep and bear a firearm, in order to defend their home and their family.

Today the Supreme Court ruled against Chicago's strict ban on firearms.  The Supreme Court urged the lower courts to reconsider their ban on guns.  They reason that the ban violated one of the Constitution's basic rights, to bear arms.  In a majority 5 to 4 vote, the Supreme Court Justices have marked the first time in history that the Constitution restricts state's power, in regards to gun laws.  Meaning, that before this ruling the power to regulate gun control was left to the discretion of each state.  This is why states have different laws, as to what regulations a citizen must follow in order to obtain and carry a gun.  This ruling solidifies that totally banning the possession of firearms goes against an individual's Constitutional right.

Why is this rule significant to you?

As a current law school student, I can tell you that Supreme Court rulings are very significant in the world of law.  The Supreme Court is the "LAW OF THE LAND".  Lawyers look to the holding of previous cases heard and ruled by the Supreme Court to argue a point on behalf of their client.  This ruling opens the door to create a defense for anyone found in illegal possession of a gun ( T.I. for instance?). 

For example, if this ruling had come before T.I. 's trial, his lawyer more than likely would have made a decent argument that the Supreme Court recognizes the right of the individual to hold and bear firearms, and therefore argue that T.I. was not in the wrong for posessing all those weapons. (note: having tooo many firearms may be atype of restirction on guns that a state law can determine)

However, the Supreme Court's ruling does not totally disregard the gun standards set by the states.  They do not argue that some restrictions are needed for gun control.  They do however, believe that every individual should be able to carry a gun, and that citizens should not be totally banned from the right to bear arms.  Now, the states must determine what restrictions are "ok" to support the right for you to carry a gun.

As a citizen do you feel safer because of this ruling, or are you scared for your life?  Just as the right to freedom of speech can be a good thing ( :) ) it can also be a bad thing (tabloids, facebook/twitter bashing, negative news reports, bad music etc.), the right of every individual to bear arms can be equally good and bad.


*keep in mind, owning and carrying a gun are completly DIFFERENT from how you are permitted to use the gun (to protect home & family). Don't think because you have the right to own a gun, you have a right to use it as you please.*

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