DC Handgun ban thrown out by SCOTUS |
DC Handgun ban thrown out by SCOTUS |
Jun 26 2008, 09:28 AM
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Spends WAY too much time at CBTL Group: Admin Posts: 16,423 Joined: 8-December 06 From: Michigan City, IN Member No.: 2 |
http://edition.cnn.com/2008/US/06/26/scotus.guns/
QUOTE WASHINGTON (CNN) -- The U.S. Supreme Court ruled Thursday that Washington D.C.'s sweeping ban on handguns is unconstitutional. A gun ownership supporter holds a placard in March outside the Supreme Court in Washington. A gun ownership supporter holds a placard in March outside the Supreme Court in Washington. The justices voted 5-4 against the ban with Justice Antonin Scalia writing the opinion for the majority. At issue in District of Columbia v. Heller was whether the city's ban violated the Second Amendment right to "keep and bear arms" by preventing individuals -- as opposed to state militias -- from having guns in their homes. District of Columbia officials argued they had the responsibility to impose "reasonable" weapons restrictions to reduce violent crime, but several Washingtonians challenged the 32-year-old law. Some said they had been constant victims of crimes and needed guns for protection. In March, two women went before the justices with starkly different opinions on the handgun ban. Shelly Parker told the court she is a single woman who has been threatened by drug dealers in her Washington neighborhood. Don't Miss * Child rapists can't be executed, court rules * Court rules in favor of Muslim at Gitmo * High court to decide whether Navy saving whales * Gun laws in high court's sights "In the event that someone does get in my home, I would have no defense, except maybe throw my paper towels at them," she said, explaining she told police she had an alarm, bars on her windows and a dog. "What more am I supposed to do?" Parker recalled asking authorities. "The police turned to me and said, 'Get a gun.' " See how proponents, opponents argued ยป Elilta "Lily" Habtu, however, told the high court that she supports the handgun ban, and tighter gun control in general. Habtu was in a Virginia Tech classroom in April 2007 when fellow student Seung-Hui Cho burst in and began shooting. She survived bullets to the head and arm. "There has to be tighter gun control; we can't let another Virginia Tech to happen," she told the court. "And we're just not doing it; we're sitting around; we're doing nothing. We let the opportunity arise for more massacres." In March 2007, a federal appeals court overturned the ban, which keeps most private citizens from owning handguns and keeping them in their homes. It was the first time a federal appeals court ruled a gun law unconstitutional on Second Amendment grounds. City attorneys urged the high court to intervene, warning, "The District of Columbia -- a densely populated urban locality where the violence caused by handguns is well-documented -- will be unable to enforce a law that its elected officials have sensibly concluded saves lives." There were 143 gun-related murders in Washington last year, compared with 135 in 1976, when the handgun ban was enacted. The Second Amendment says, "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." The wording repeatedly has raised the question of whether gun ownership is an individual right, or a collective one pertaining to state militias and therefore subject to regulation. The Supreme Court has avoided the question since the Bill of Rights was ratified in 1791. The high court last examined the issue in 1939 but stayed away from the broad constitutional question. Only Chicago, Illinois, has a handgun ban as sweeping as Washington's, though Maryland, Massachusetts and San Francisco, California, joined the Windy City in issuing briefs supporting the district's ban. The National Rifle Association, Disabled Veterans for Self-Defense and the transgender group Pink Pistols -- along with 31 states -- filed briefs supporting the District of Columbia's gun owners. In February, a majority of U.S. congressmen -- 55 senators and 250 representatives -- filed a brief urging the Supreme Court to strike down Washington's ordinance. advertisement "Our founders didn't intend for the laws to be applied to some folks and not to others," Sen. Jon Tester, D-Montana, said at the time. Washington's ban applies only to handguns. The city allows possession of rifles and shotguns, although it requires that they be kept in the home, unloaded and fitted with locks or dissembled. |
Jun 26 2008, 10:14 AM
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Spends WAY too much time at CBTL Group: Admin Posts: 5,171 Joined: 11-December 06 From: Indiana Member No.: 10 |
If I lived in a high crime area or felt it necessary to keep a gun for protection, I would want a shot gun anyway (12-guage, piston-grip, short-barreled Mossberg). You don't have to have the greatest aim to hit something with a shotgun, and I think the end of a shot gun would be slightly more intimidating than the end of a hand gun.
Be who you are and say what you feel because those who mind don't matter and those who matter don't mind~Dr. Suess
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Jun 26 2008, 10:21 AM
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#3
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Member Group: Members Posts: 57 Joined: 19-June 08 Member No.: 797 |
Hooray for the Constitution!
Did you notice that the media didn't call this a "Historic" or "Landmark" decision? |
Jun 26 2008, 10:22 AM
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#4
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Spends WAY too much time at CBTL Group: Members Posts: 3,237 Joined: 8-December 06 From: MC Member No.: 3 |
Hip hip hooray!
Here is the link to the Supreme Court decision--I could not copy and paste the syllabus here. It is just the first three pages and outlines it well. Could an Admin do it? http://www.supremecourtus.gov/opinions/07pdf/07-290.pdf Here is the BBC story and link: http://news.bbc.co.uk/2/hi/americas/7474924.stm US court overturns DC handgun ban DC residents have been barred from keeping handguns for 32 years A ban on handguns in Washington DC has been ruled unconstitutional by the United States Supreme Court. In a 5-4 decision, the justices upheld a lower court ruling striking down the ban. They said individuals had a right to keep handguns for lawful purposes. It is the first such case considered by the court in decades and is expected to have effects on gun laws across the US. Debate over the exact meaning of the constitutional right to keep and bear arms has raged for years. The latest ruling says that the constitution "protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home". The BBC's Justin Webb in Washington says the ruling is of profound importance, as it enshrines for the first time the individual right to own guns and limits efforts to reduce their role in American life. 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 Second Amendment to the US Constitution Q&A: Washington DC gun lawsWebb blog: Gun crazy? Since 1976, the private possession of handguns had been prohibited in the nation's capital, while rifles and shotguns had been required to be locked away or dismantled. The DC city council argued that the ban was needed to help keep violence and murder rates down. But the measure was challenged by a security guard, Dick Heller. He argued that if he was allowed to have a handgun at work, he also had a constitutional right to have one at home. Friends of the court In March last year, a federal appeals court agreed with Mr Heller that the Second Amendment protected an individual's right to keep and bear arms and that the DC ban was unconstitutional. The city appealed against that ruling, with the case going to the Supreme Court. The debate is centred on whether the Second Amendment, ratified in 1791, protects an individual's right to possess guns, or simply a collective right for an armed militia. The case has been closely watched, with dozens of outside groups filing opinions, known as "friends of the court" briefs, setting out their arguments for or against the DC ban. The Supreme Court's ruling could spark challenges to gun control laws in other parts of the US, experts say. The difference between genius and stupidity is that there are limits to genius. Albert Einstein
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Jun 26 2008, 12:10 PM
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Spends WAY too much time at CBTL Group: Members Posts: 3,237 Joined: 8-December 06 From: MC Member No.: 3 |
More links:
http://www.pinkpistols.org/index2.html "Thirty-one states allow all qualified citizens to carry concealed weapons. In those states, homosexuals should embark on organized efforts to become comfortable with guns, learn to use them safely and carry them. They should set up Pink Pistols task forces, sponsor shooting courses and help homosexuals get licensed to carry. And they should do it in a way that gets as much publicity as possible. " --Jonathan Rauch, Salon Magazine, March 13, 2000 Site Menu Busting Caps - Pink Pistols Blog Find a Local Chapter Pink Pistols FAQ Starting A Chapter (PDF Ebook) Pink Pistols ID Card Press Releases / Media Pictures! Posters The Simon Jester Project! (humor) Glossary of Terms Building Bridges Reading List Links Firearms Safety Instructors Pink Pistols Email Lists [url="http://www.pinkpistols.org/email.html"] [/url] Pink Pistols Merchandise New!!! Gun Facts 4.0 Contact Us [email="admin@pinkpistols.org?subject=Pink%20Pistols%20Webpage"]Admin Email![/email] International Media Contact [email="media@pinkpistols.org?subject=Media%20Contact"]Gwen Patton[/email] Powered by GrandCentral - Regular phone or cell. (610) 879-2364 Leave a message if we aren't available. (Send Faxes to 267-386-8907) We did. There are now over 45 Pink Pistols chapters nationwide, and more are starting up every day. We are dedicated to the legal, safe, and responsible use of firearms for self-defense of the sexual-minority community. We no longer believe it is the right of those who hate and fear gay, lesbian, bi, trans, or polyamorous persons to use us as targets for their rage. Self-defense is our RIGHT. The Pink Pistols get together at least once a month at local firing ranges to practice shooting, and to acquaint people new to firearms with them. We will help you select a firearm, acquire a permit, and receive proper training in its safe and legal use for self-defense. The more people know that members of our community may be armed, the less likely they will be to single us out for attack. Join us today. It is your RIGHT. Busting Caps - Pink Pistols News The blog has been moved to a new page for a new, more attractive, and more powerful structure. Click on the link above to read press releases, hear audioblogs, and get and other news from Pink Pistols National. We apologize, but the new blog does NOT allow comments to be entered by visitors to the site. If you wish to send us comments, please send us email, or join our Yahoo Groups and engage us in conversation! The year 2006 questionnaire for all candidates and holders of public office The year 2004 questionnaire for all candidates and holders of public office The candidate's scores and answers for the years 2004 The year 2001/02 questionnaire for all candidates and holders of public office The candidate's scores and answers for the years 2001/02 The year 2000 questionnaire for all candidates and holders of public office The candidate's scores and answers from year 2000 The difference between genius and stupidity is that there are limits to genius. Albert Einstein
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Jun 26 2008, 12:18 PM
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Spends WAY too much time at CBTL Group: Members Posts: 3,237 Joined: 8-December 06 From: MC Member No.: 3 |
In the interest of fair play, here are these idiots:
http://www.bradycampaign.org/home.php U.S. Supreme Court Decides Historic Second Amendment Case Brady's Paul Helmke remarks at the steps of the Supreme Court. Following the Supreme Court decision in District of Columbia v. Heller, Paul Helmke, President of the Brady Campaign and the Brady Center, said that the fight to enact sensible gun laws will be undiminished by the Supreme Court's decision in the Heller case. While the Justices disagreed by the narrowest of margins, 5 - 4, on whether the Second Amendment provides an individual, non-militia based right to bear arms, all nine Justices agreed that a wide variety of gun laws are presumptively constitutional, including restrictions on carrying concealed weapons, guns in schools and other sensitive places, and bans on "dangerous and unusual" weapons. http://www.bradycampaign.org/media/release.php?release=992 News Release Statement Of Brady President Paul Helmke On Supreme Court Second Amendment Ruling For Immediate Release: 06-26-2008 Contact Communications: (202) 289-7319 Washington, D.C. - Paul Helmke, President of the Brady Center and Brady Campaign to Prevent Gun Violence, issued the following statement: โOur fight to enact sensible gun laws will be undiminished by the Supreme Courtโs decision in the Heller case. While we disagree with the Supreme Courtโs ruling, which strips the citizens of the District of Columbia of a law they strongly support, the decision clearly suggests that other gun laws are entirely consistent with the Constitution. โFor years, the gun lobby has used fear of government gun confiscation to thwart efforts to pass sensible gun laws, arguing that even modest gun laws will lead down the path to a complete ban on gun ownership. Now that the Court has struck down the Districtโs ban on handguns, while making it clear that the Constitution allows for reasonable restrictions on access to dangerous weapons, this โslippery slopeโ argument is gone. โThe Court also rejected the absolutist misreading of the Second Amendment that some use to argue โany gun, any time for anyone,โ which many politicians have used as an excuse to do nothing about the scourge of gun violence in our country and to block passage of common sense gun laws. Lifesaving proposals such as requiring Brady background checks on all gun sales, limiting bulk sales of handguns, and strengthening the power of federal authorities to shut down corrupt gun dealers can now be debated on their merits without distractions of fear or ideology. โThe Heller decision, however, will most likely embolden criminal defendants, and ideological extremists, to file new legal attacks on existing gun laws. With the help of the Brady Centerโs legal team, those attacks can, and must, be successfully resisted in the interest of public safety. โAfter the Heller ruling, as before, approximately 80 Americans will continue to die from guns every day. Our weak or non-existent gun laws contribute to the thousands of senseless gun deaths and injuries in this country that occur each year. We must continue to fight for sensible gun laws to help protect our families and our communities.โ # # # The Brady Center to Prevent Gun Violence is a national non-profit organization working to reduce the tragic toll of gun violence in America, through education, research, and legal advocacy. The programs of the Brady Center complement the legislative and grassroots mobilization of its sister organization, the Brady Campaign to Prevent Gun Violence with its dedicated network of Million Mom March Chapters. The difference between genius and stupidity is that there are limits to genius. Albert Einstein
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Jun 26 2008, 12:19 PM
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#7
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Spends WAY too much time at CBTL Group: Members Posts: 3,237 Joined: 8-December 06 From: MC Member No.: 3 |
http://dc.gov/mayor/news/release.asp?id=1325&mon=200806 News Release for Immediate Release June 26, 2008District Government Reacts to Heller Ruling (Washington, DC) -- Mayor Adrian M. Fenty, Interim Attorney General Peter Nickles and Metropolitan Police Chief Cathy Lanier announced their disappointment in todayโs ruling of the United States Supreme Court in District of Columbia v. Heller, in which the Court ruled that District of Columbia statutes banning private handgun possession at home and requiring safe storage of firearms at home violate the Second Amendment. โIโm disappointed in the Courtโs ruling and believe introducing more handguns into the District will mean more handgun violence,โ said Mayor Fenty. โBut I want to emphasize that at this moment, our gun laws remain in effect. It may be several weeks before there are changes to announce. โIn the meantime, I have directed the Metropolitan Police Department to implement an orderly process for allowing qualified citizens to register handguns for lawful possession in their homes. Fenty, Nickles and Lanier emphasized that they will continue vigorously enforcing other gun-control laws that the court did not disturbโincluding the law that all firearms including handguns must be properly registered with the Metropolitan Police Departmentโand considering other ways to lessen gun violence in the District. โI commend the efforts of our legal team in presenting our side of this difficult and contentious issue,โ said Interim Attorney General Nickles. โI will continue to direct the Office of the Attorney General to fight hard for the people of the District. While we were not successful regarding the handgun and safe storage laws, I am pleased that the court recognized that local jurisdictions like the District can adopt common-sense, reasonable regulations to protect their citizens against gun violence, and that the court left intact the Districtโs law requiring licensing of those who would carry handguns.โ The Mayor, Attorney General and Chief emphasized that the Supreme Courtโs ruling is limited and leaves intact various other laws that apply to private citizens who would purchase handguns or other firearms for home possession. First, all firearms must be registered with the Metropolitan Police Departmentโs Firearms Registration Section before they may be lawfully possessed. Second, automatic and semiautomatic handguns generally remain illegal and may not be registered. Third, the Supreme Courtโs ruling is limited to handguns in the home and does not entitle anyone to carry firearms outside his or her own home. In addition, although the Court struck the safe storage provision on the ground that it was too broadly written, firearms at home should be kept either unloaded and disassembled or else locked except for use in self-defense in emergencies. โWe will comply with the Courtโs reading of the Second Amendment in its letter and spirit,โ said Chief Lanier. โAt the same time, we will continue vigorously enforcing the Districtโs other gun-control laws and are considering other ways to protect the Districtโs citizens against the scourge of gun violence.โ Under its rules, the Supreme Court will not formally issue its mandate for about a month to allow the parties to file rehearing petitions. After that period passes, the court of appeals will send the case to the district court to enter an injunction, though the district court will have to decide exactly how the injunction should be phrased. The injunction is the court order that will officially prevent the District from enforcing the handgun ban. That process may yet take several weeks. In the meanwhile, the Metropolitan Police Department within three weeks days will issue the text of regulations to establish a process for registering handguns, in accordance with the Supreme Courtโs decision. MPD will make clear how those who wish to register handguns should do so and what handguns may be registered. MPD will establish an amnesty period during which residents who already own handguns that were not registered previously can register them without fear of criminal liability under District law. Registration will proceed as expeditiously as possible but may need to await lower court orders implementing the Supreme Court decision. MPD will keep the public informed of the date on which citizens officially can begin registering handguns. Citizens with specific questions are encouraged to contact the Firearms Registration Section at (202) 727-4275. The difference between genius and stupidity is that there are limits to genius. Albert Einstein
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Jun 26 2008, 12:29 PM
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Spends WAY too much time at CBTL Group: Members Posts: 3,237 Joined: 8-December 06 From: MC Member No.: 3 |
http://www.nraila.org/
[url="http://www.nraila.org/heller"]U. S. Supreme Court Strikes Down D.C. Gun Ban! Declares That the Second Amendment Guarantees an Individual Right to Keep and Bear Arms[/url] -- June 26, 2008 Fairfax, VA โ Leaders of the National Rifle Association (NRA) praised the Supreme Courtโs historic ruling overturning Washington, D.C.โs ban on handguns and on self-defense in the home, in the case of District of Columbia v. Heller. โThis is a great moment in American history. It vindicates individual Americans all over this country who have always known that this is their freedom worth protecting,โ declared NRA Executive Vice President Wayne LaPierre. โOur founding fathers wrote and intended the Second Amendment to be an individual right. The Supreme Court has now acknowledged it. The Second Amendment as an individual right now becomes a real permanent part of American Constitutional law.โ Last year, the District of Columbia appealed a Court of Appeals ruling affirming that the Second Amendment to the Constitution guarantees an individual right to keep and bear arms, and that the Districtโs bans on handguns, carrying firearms within the home and possession of functional firearms for self-defense violate that fundamental right. โAnti-gun politicians can no longer deny that the Second Amendment guarantees a fundamental right,โ said NRA chief lobbyist Chris W. Cox. โAll law-abiding Americans have a fundamental, God-given right to defend themselves in their homes. Washington, D.C. must now respect that right.โ Read the opinion (1 MB) The difference between genius and stupidity is that there are limits to genius. Albert Einstein
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Jun 26 2008, 12:42 PM
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Spends WAY too much time at CBTL Group: Members Posts: 3,237 Joined: 8-December 06 From: MC Member No.: 3 |
Interesting view from a Brit: http://www.bbc.co.uk/blogs/thereporters/ju.../gun_crazy.html Gun crazy?
The US Constitution says "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". Errr, what does that mean? Now we know. Or at least five individuals decided they knew (the majority side in the court) and that is that. For the first time, the court has ruled that it means individuals - settling the matter for at least a generation and probably longer. You can disagree with the majority view, but you cannot escape from it if you live in the United States. So what effect on the political debate? I suspect not much, but for a look at Obama's potential difficulties this is useful. Meanwhile on a lighter note... The difference between genius and stupidity is that there are limits to genius. Albert Einstein
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Jun 26 2008, 12:44 PM
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Spends WAY too much time at CBTL Group: Members Posts: 3,237 Joined: 8-December 06 From: MC Member No.: 3 |
http://www.bbc.co.uk/blogs/thereporters/ju.../gun_crazy.html CommentsSign in You need to sign in to contribute to this page. If you're new to BBC Blogs, creating your membership is quick and easy.
The difference between genius and stupidity is that there are limits to genius. Albert Einstein
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Jun 26 2008, 01:25 PM
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Spends WAY too much time at CBTL Group: Members Posts: 3,237 Joined: 8-December 06 From: MC Member No.: 3 |
The difference between genius and stupidity is that there are limits to genius. Albert Einstein
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Jun 26 2008, 01:45 PM
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Spends WAY too much time at CBTL Group: Admin Posts: 5,171 Joined: 11-December 06 From: Indiana Member No.: 10 |
Now I know more than I ever wanted to know about gun control.
Be who you are and say what you feel because those who mind don't matter and those who matter don't mind~Dr. Suess
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Jun 26 2008, 02:08 PM
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Spends WAY too much time at CBTL Group: Members Posts: 3,237 Joined: 8-December 06 From: MC Member No.: 3 |
Here is the final thought: Do not jerk the trigger.
The difference between genius and stupidity is that there are limits to genius. Albert Einstein
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Jun 26 2008, 03:43 PM
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Spends WAY too much time at CBTL Group: Members Posts: 3,237 Joined: 8-December 06 From: MC Member No.: 3 |
Here is what the Indiana Constitution says:
Article 1, Section 32. The people shall have a right to bear arms, for the defense of themselves and the State. The difference between genius and stupidity is that there are limits to genius. Albert Einstein
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Jun 26 2008, 09:14 PM
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Advanced Member Group: Members Posts: 188 Joined: 10-April 08 Member No.: 783 |
Short Definition Of Gun Control: Grip weapon fimly with both hands, center the sights upon target, squeeze trigger slowly and firmly.
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Jun 27 2008, 08:44 AM
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#16
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Spends WAY too much time at CBTL Group: Members Posts: 3,237 Joined: 8-December 06 From: MC Member No.: 3 |
http://news.bbc.co.uk/2/hi/americas/7476644.stm
By James Coomarasamy BBC News, Washington The Supreme Court's decision to overturn the Washington DC handgun ban is likely to have legal and political consequences. Mr McCain already has the support of gun-control opponents The legal ones are not yet clear. Much depends on whether this federal ruling is seen as applying to other states or cities, which have similarly tough gun laws. In his majority brief, Justice Antonin Scalia predicted future, complex legal arguments about some of the restrictions, which the court had ruled were valid, such as denying the sale of guns to convicted felons or people with mental illnesses and outlawing their possession, in places such as schools. But - with the presidential campaign well under way - the political impact has been immediate. 'Elitist view' Both leading candidates have offered their views on the ruling. First out of the blocks was Republican, John McCain, who had filed his own brief in support of the plaintiff in the case, DC security guard Dick Heller. Today's ruling recognizes that gun ownership is a fundamental right - sacred, just as the right to free speech and assembly John McCain Q&A: Washington DC gun lawsWebb blog: Gun crazy? He applauded the Court's decision and wasted no time in taking a swipe at his Democratic opponent, Barack Obama. Referring to the comment made by the Illinois Senator during the primary season, about bitter, working class Americans "who cling to guns and religion", Senator McCain said "unlike the elitist view that believes Americans cling to guns out of bitterness, today's ruling recognizes that gun ownership is a fundamental right - sacred, just as the right to free speech and assembly". His goal was transparent. He wanted to use the court's decision to reinforce the impression that his opponent is an elite liberal, out of touch with the views of hard-working, gun-owning Americans. Democrats have traditionally had a hard time dealing with gun issues and Barack Obama is no exception. Who benefits? Last year, a spokesman for his campaign said that Senator Obama felt the tough DC gun law was constitutional, although, as time has gone on, the candidate himself has taken a more detached view of the case in public. He certainly took more time to react to the Court's decision than John McCain and, when he did, he said that supporting gun rights and some gun controls was not a contradiction, emphasising the part of the Court's ruling, which stressed that the right to own arms was not unlimited. Has Mr Obama changed his position on gun regulations? And the candidate - who was once a community worker in Chicago's South Side - referred to his empathy with the issue of urban, gun-related crime: "I have always believed that the Second Amendment protects the right of individuals to bear arms," he said, "but I also identify with the need for crime-ravaged communities to save their children from the violence that plagues our streets through common sense, effective safety measures." So - who benefits most? The answer is, it probably does not matter that much. A candidate's view on gun control is unlikely to sway more than a small percentage of voters in November and, while John McCain may have improved his stock among those gun owners, who have objected to some of his positions on gun issues, Barack Obama's nuanced response probably will not have changed voters' views of him that much. Yet, for all his talk of change, the Democratic presidential candidate probably shares one thing with his predecessors: the hope that the gun debate goes away soon. The difference between genius and stupidity is that there are limits to genius. Albert Einstein
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