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06/30/08
In a 5-4 decision the court held that private citizens have a right to bear arms, independent of any militia requirement. Justice Scalia wrote the opinion for the majority, while Justices Stevens and Breyer authored dissents. The court split on ideological grounds, with Justice Kennedy being the swing vote this time in favor of the conservative side.
The District of Columbia had outlawed handguns, and the Supreme Court struck that down. Justice Scalia said for the majority that "it is not the role of this Court to pronounce the Second Amendment extinct."
Examining the words of the amendment, the court concluded, "[W]e find they guarantee the individual right to possess and carry weapons in case of confrontation" — in other words, for self-defense.
"The inherent right of self-defense has been central to the Second Amendment right," the court stated.
The individual-right interpretation, the court said, "is strongly confirmed by the historical background of the Second Amendment," going back to 17th century England, as well as by gun-rights laws in the states before and immediately after the amendment was put into the US Constitution.
As far as incorporation to the states goes, that was left undecided — though the reasoning seems to apply equally to the states as well as the federal government.
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