Supreme Court Could Take Guns Case
Court Alerts
[##_1L|1179536143.jpg|width="131" height="91" alt=""|_##]Supreme Court justices have track records that make predicting their rulings on many topics more than a mere guess. Then there is the issue of the Second Amendment and guns, about which the court has said virtually nothing in nearly 70 years. That could change in the next few months.
The justices are facing a decision about whether to hear an appeal from city officials in Washington, D.C., wanting to keep the capital's 31-year ban on handguns. A lower court struck down the ban as a violation of the Second Amendment rights of gun ownership.
The prospect that the high court might define gun rights under the Constitution is making people on both sides of the issue nervous.
"I wouldn't be confident on either side," said Mark Tushnet, a Harvard Law School professor and author of a new book on the battle over guns in the United States.
The court could announce as early as Tuesday whether it will hear the case.
The main issue before the justices is whether the Second Amendment protects an individual's right to own guns or instead spells out the collective right of states to maintain militias. The former interpretation would permit fewer restrictions on gun ownership.
The Second Amendment reads: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."
The federal appeals court for the District of Columbia was the first federal panel to strike down a gun-control law based on individual rights. The court ruled in favor of Dick Anthony Heller, an armed security guard whose application to keep a handgun at home was denied by the district.
Most other U.S. courts have said the Second Amendment does not contain a right to have a gun for purely private purposes.
Chicago has a similar handgun ban, but few other gun-control laws are as strict as the district's.
Four states — Hawaii, Illinois, Maryland and New York — are urging the Supreme Court to take the case because broad application of the appeals court ruling would threaten "all federal and state laws restricting access to firearms."
The district said its law, passed in 1976, was enacted by local elected officials who believed it was a sensible way to save lives. The law also requires residents to keep shotguns and rifles unloaded and disassembled or fitted with trigger locks.
The city's appeal asks the court to look only at the handgun ban because local law allows possession of other firearms.
Critics say the law has done little to curb violence, mainly because guns obtained legally from the district or through illegal means still are readily available.
Although the city's homicide rate has declined dramatically since peaking in the early 1990s, it ranks among the nation's highest, with 169 killings in 2006.
Heller said Washington remains a dangerous place to live. "People need not stand by and die," he said in court papers.
He said the Second Amendment gives him the right to keep working guns, including handguns, in his home for his own protection.
The last time the court examined the meaning of the Second Amendment was in a 1939 case in which two men claimed the amendment gave them the right to have sawed-off shotguns. A unanimous court ruled against them.
Gun control advocates say the 1939 decision in U.S. v. Miller settled the issue in favor of a collective right. Gun rights proponents say the decision has been misconstrued.
Chief Justice John Roberts has said the question has not been resolved by the Supreme Court. The 1939 decision "sidestepped" the issue of whether the Second Amendment right is individual or collective, Roberts said at his confirmation hearing in 2005.
"That's still very much an open issue," Roberts said.
Both the district government and Heller want the high court to take the case. The split among the appeals courts and the importance of the issue make it likely that the justices will do so, Tushnet said.
Related listings
-
Court Upholds Elvis Memorabilia Ruling
Court Alerts 11/08/2007[##_1L|1212454322.jpg|width="180" height="128" alt=""|_##]A legal battle over an odd collection of Elvis Presley memorabilia — including a glass device reportedly used to irrigate the King's sinuses before the took the stage — could be nearing an end...
-
Man pleads guilty to threatening Riverside DA
Court Alerts 11/08/2007A man who was part of a newspaper's advertising staff could face as much as three years in prison after pleading guilty to making a threat against county District Attorney Rod Pacheco. Chandler William Cardwell, 33, entered his plea Wednesday. In exc...
-
Rappers on Quadruple-Bill at NYC Court
Court Alerts 11/07/2007With four hip-hop heavies in the house, any enterprising promoter could have staged a rap concert. But the house was Manhattan Criminal Court, and the rappers — Busta Rhymes, Ja Rule, Lil Wayne and Remy Ma — were there Wednesday on separate cases ran...
Illinois Work Injury Lawyers – Krol, Bongiorno & Given, LTD.
Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. While we are one of the largest firms in Illinois dedicated solely to the representation of injured workers, we pride ourselves on the personal, one-on-one approach we deliver to each client.
Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties. Factors that affect one’s quality of life such as place of work, relationships with friends and family, and social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. Krol, Bongiorno & Given, LTD. provides informed advocacy in all kinds of workers’ compensation claims, including:
• Injuries to the back and neck, including severe spinal cord injuries
• Serious head injuries
• Heart problems resulting from workplace activities
• Injuries to the knees, elbows, shoulders and other joints
• Injuries caused by repetitive movements
For Illinois Workers’ Compensation claims, you will ALWAYS cheat yourself if you do not hire an experienced attorney. When you hire Krol, Bongiorno & Given, Ltd, you will have someone to guide you through the process, and when it is time to settle, we will add value to your case IN EXCESS of our fee. In the last few years, employers and insurance carriers have sought to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition.