Thursday, June 26, 2008

HELLER AFFIRMED

HELLER AFFIRMED!!

The decision was, unsurprisingly, 5-4 on partisan lines: Justice Breyer dissented, joined by Justices Stevens, Souter and Ginsburg. One opinion on each side, so there goes that fear.

Correction: TWO dissents, not one.

A link to the decision as soon as it is available.

The decision is HERE (157 page PDF file).

First excerpt, p. 1:
Held:
1. The Second Amendment 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.
(Emphasis mine.)

Last update for me this morning:
Because Heller conceded at oral argument that the D. C. licensing law is permissible if it is not enforced arbitrarily and capriciously, the Court assumes that a license will satisfy his prayer for relief and does not address the licensing requirement. Assuming he is not disqualified from exercising Second Amendment rights, the District must permit Heller to register his handgun and must issue him a license to carry it in the home.
So licensing and registration is not "infringement."

Fuck THAT.

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