Second Amendment Trumps DC Gun Ban
The ruling is in! In a 5-4 ruling, the DC gun ban has been struck down. Justice Scalia, writing for the majority, had several interesting things to say.
“The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”
“…the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional.”
I was happy to see that the historically traditional definition of “militia” was reiterated quite early in syllabus of the document. Both Majority and Minority opinions seem to be using this same definition as far as I can tell.
“…comprised all males physically capable of acting in concert for the common defense.”
It’s nice to see that clarified. It seemed quite obvious to me that the writers of the Bill of Rights would have used that definition of militia, but you often see it confused with a more modern interpretation in modern political discourse.
Th legal language is, at times, difficult to follow, but impressive none the less. The legal history and documentation presented on both sides of the argument are fascinating to read. I’m looking forward to finishing it.
SCOTUSblog has the opinion in it’s entirety.


