DC Gun Ban Overturned

The US Supreme Court Makes Decision on Gun Control

© Trenton Truitt

Jun 27, 2008
Washington DC's handgun ban was struck down as the Supreme Court ruled on the Second Amendment.

In a landmark decision, the US Supreme Court voted 5-4 in favor of striking down a 22 year old ban on handguns in the nation’s capitol. It was the first time since it was added to the constitution in 1791 that the Second Amendment was explored by the Court.

The Decision

Justices Roberts, Scalia, Thomas, Alito, and Kennedy voted in favor of overturning the ban. They claimed that the Second Amendment was not limited to just militias, but also provided for private citizens’ self-defense.

The dissident judges were Ginsburg, Breyer, Souter, and Stephens. They countered that the Second Amendment did not provide for ordinary citizens, and that cities should be allowed to counter violence using gun bans.

Yet, with a simple majority needed in Supreme Court cases, the decision is binding.

The Impact

This decision will have a resounding influence nationwide. It is the first time that the gun lobby or individuals wishing to challenge gun bans or limitations might have a valid case. For instance, in big cities like New York, Chicago, and San Francisco, hand guns are already locally prohibited. The reasoning is that individuals owning guns will only lead to more violence and death, not to mention more gun-related accidents, in already crime-ridden areas.

So, despite the perceived advantages of such bans, the highest court in the land has spoken, and law suits invoking their ruling will undoubtedly spring up around the country.

The Arguments

Proponents of gun control argue that the streets will be safer if guns are not legally made available to criminals and if law enforcement officers are able to more strictly monitor their possession. They also claim that children and mentally ill people will be less likely to get their hands on guns, preventing violence and accidents.

They cite figures of handgun related deaths, accidents, healthcare costs related to gun injuries, and rates of suicides attributed to gun-owning homes.

Gun control supporters also sometimes go one step further to suggest that toughening gun laws will create a negative image of guns for children who may currently tend to glamorize them.

On the other side, opponents of gun control claim first and foremost that is their right under the second amendment to “keep and bear arms.”

They also assert that gun bans do not deter criminals, claiming there is no evidence to support such claims and even that there may be claims to the contrary where banning guns has led to increased gun violence in certain areas. Their basic premise tends to be that criminals will do whatever it takes to acquire guns and that simply making them illegal will have no effect on those who are already receptive to illegal activities.

Furthermore, gun rights advocates suggest that figures of gun related deaths and accidents are overexaggearted and that owning a gun for self defense rarely results in death.

The Future

It seems that the future for handguns in the US has been assured by our Supreme Court. Whatever side of the issue you’re on, it is important to at least be educated about the issue and the other side’s arguments.


The copyright of the article DC Gun Ban Overturned in Law, Crime & Justice is owned by Trenton Truitt. Permission to republish DC Gun Ban Overturned in print or online must be granted by the author in writing.




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