Monday, October 3, 2011

Gun rights? Maybe, maybe not.

Today I read an article in the Washington Post about the Supreme Court and the Second Amendment and how a ruling from 2008 hasn't been the cure all for gun owners.  In District of Columbia v. Heller the high court ruled that the Second Amendment applied to ownership of a gun outside of military service.  A couple of years later they ruled in McDonald v. Chicago that the rules previously passed applied not only to federal law, but state and local law as well.  These rulings were thought by many to allow gun possession outside the home; however, now the rulings are seen as ambiguous.

These rulings have been applied to many cases and many people convicted of gun crimes throughout the country have filed suit to have their convictions overturned.  The article indicated that just after the rulings, most people thought the decisions would clear the way to oppose state gun legislation that was restrictive.

This has not been the case.  The lower courts have continuously ruled that the Heller decision was limited and narrow in its scope, stating that the decision and the Second Amendment do not impact states rights to legislate gun ownership and violence.

I suppose I have just never really paid attention to laws impacting gun ownership in other states.  In Texas, it’s relatively easy to own a gun and to carry one in your car for that matter.  You don’t need a permit and you don’t have to pay taxes or register firearms when they change hands.  In other areas of the country you can be arrested for having a legal, registered handgun in your car.  How are you supposed to get it home after you buy it?

This topic affects us all.  It’s interesting to me after looking at the article how the lower courts rule and how the law is interpreted. It shows me too that we should all also be a little more familiar with others states laws.  You, me, them; we could be driving through a state with more stringent gun laws than we’re used to and find ourselves in a legal bind and pleading ignorance.  The article is linked here:  


Check it out.  It could affect you one day.

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