Sunday, March 02, 2008
Supreme Court may decide what 2nd Amendment means by 'militia'
At issue is whether the Second Amendment refers to an individual's right to bear arms.
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The Second Amendment question could be settled this spring.
The U.S. Supreme Court has agreed to hear a case that stems from Washington, D.C.'s long-running ban on handguns -- the strictest gun policy in the nation. Oral arguments are scheduled for March 18, with a ruling expected by the end of June.
As much as the Second Amendment has been debated, it has rarely been litigated. When lower courts have ruled on it, they've often arrived at different conclusions.
A few cases have reached the Supreme Court, but none analyzed the amendment's full meaning. Most court experts agree that the Washington case will be the first time America's highest justices decide whether the Second Amendment refers to individuals or more of a collective right to maintain a military-type force.
The ruling will arm one side or the other with the ultimate legal precedent.
Handguns have been outlawed in Washington since 1976. The ban's effect is disputed. Gun violence increased during some years after the ban, peaking in 1991 with 482 homicides and giving Washington the highest murder rate in the country. The numbers have since fallen, but with 169 homicides in 2006, the nation's capital still ranks as one of the country's most dangerous cities.
Security guard Dick Heller, who lives in a high-crime area in Washington, challenged the law, arguing that he was entitled to a handgun for protection. He lost the case but won on appeal. Heller and the District of Columbia both requested the high-court review.
Each side has attracted a long list of supporters, including states that are filing briefs in the hopes of swaying the justices. In December, Virginia lined up behind Heller. State Attorney General Bob McDonnell said the upcoming decision could be the most important Second Amendment case in American history.
Heller's side has gained the support of 30 other states; the district has half a dozen states on its side.





