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1 Vote Away From a Police State

I don't own a gun, and have only shot one for practice once or twice. But I'm pretty conscious of the right to own guns, both for hunting and self-defense purposes.

This morning, the Supreme Court struck down Washington D.C.'s handgun ban, ruling that the right to bear arms is an individual right, and that guns could be kept to protect the right to self-defense.

Here's a description of the D.C. gun ban:

The District of Columbia generally prohibits the possession of handguns. It is a crime to carry an unregistered firearm, and the registration of handguns is prohibited.

This wasn't any normal gun control effort. If this prohibition was constitutional, it would be tough to find any prohibition that wouldn't be. But the Court struck it down.

Good work Court. McCain approved of the decision. Obama said it was exactly the right balance.

Except the vote was 5-4. That's right. One vote separated the outcomes of having an individual right to keep a gun for self-defense and the ability of a municipality to ban handguns altogether for all purposes.

Wow.

Say what you will about conservative prudential models. Originalism is flawed, conservatives are judicially active, they're result-oriented, etc. Today, they saved the 2nd Amendment. Pretty amazing.

At least for today, they're heroes.

Full post as published by Expressio Unius on June 27, 2008 (boomark / email).