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Technorati is indexing me again! They had to make a code change to fix the problem with my blog getting stuck in their queue. Kudos to Eric M. and the guys at GetSatisfaction.com where they have "community powered support for Technorati".
Well, they're "sorta, kinda" indexing me anyway. It's on a 24 hour tape delay or something. So I never get picked up by Memeorandum because they pull from Technorati and Technorati has stuff I posted yesterday listed as my latest blog entry. And that's old news to Memeorandum.
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The Supreme Court has affirmed the lower court's ruling in Dictrict of Columbia v Heller. The Second Amendment is thereby held to mean exactly what it says; it protects an individual right to possess a firearm.
The District of Columbia's draconian gun control laws are unconstitutional. Justice Scalia wrote the majority opinion, joined by Chief Justice Roberts and Justices Alito, Kennedy, and Thomas. In addition to striking down the ban on ownership of a handgun, the Court also found that the requirement for trigger locks or disassembly of guns in the home is likewise contrary to the provisions of the Second Amendment.
The Court did not consider the separate matter of the DC handgun licensing law, stating that if it is not enforced "arbitrarily and capriciously" it is permissable. But, the Court did find that should Mr. Heller meet the criteria established by the licensing law, the District of Columbia must permit him to "register his handgun and must issue him a license to carry it in his home".
The ruling also stressed that the Court was not invalidating reasonable regulations pertaining to gun ownership. That is, prohibitions on carrying a concealed weapon, the inability of felons or the mentally retarded to own firearms, laws barring guns from schools or government buildings, and laws placing conditions on gun sales are constitutional so long as they are applied equally and fairly.
This is a landmark decision and one that is long overdue. It was certainly the intent of the Founders to protect an individual's right to own firearms. Justice Scalia reiterated that point several times, stating there was a fear that an overly powerful federal government would disarm its citizens and enable a politicized standing army to rule by force. Two hundred and some odd years later we now know that we still enjoy this right. The clear language of the Heller decision should wipe away many of New Jersey's restrictive gun regulations and pave the way for our citizens to register and license guns for the protection of their homes and families.
The criminals (who don't take the time to observe formalities such as
licensing and gun registration) will no longer have the upper hand. Law
abiding citizens are entitled to possess a gun and the state cannot deny
us that right.
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