honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser
Posted on: Friday, June 27, 2008

Implications of high court's gun ruling still being worked out

 •  Supreme Court verdict won't end national debate on guns
 •  Challenges to Isle gun laws expected to follow

McClatchy-Tribune News Service

The Supreme Court's 5-4 decision yesterday in District of Columbia v. Heller raises many questions for which answers are still being worked out. Here are some of them:

Q. Does this eliminate all gun restrictions?

A. No.

Justice Antonin Scalia, writing for the court's majority, stressed that the Second Amendment doesn't guarantee an "unlimited" right to bear arms. Scalia said long-standing prohibitions on the possession of firearms by felons and the mentally ill are legitimate, as well as bans on carrying firearms into schools and government buildings.

Laws imposing "conditions and qualifications on the commercial sale of arms" are also probably safe, Scalia wrote, adding that his list of Second Amendment-friendly gun restrictions "does not purport to be exhaustive."

Q. But the ruling will extend beyond Washington, D.C.'s, gun ban, right?

A. Yes, although not right away.

The latest federal compilation of state and local firearm laws is 458 pages long, and it was published in 2005, so it's not up to date. Boston, Chicago and Denver, for instance, ban the possession and sale of assault weapons. Los Angeles and San Francisco ban the sale of .50-caliber handguns. Oakland, Calif., bans the sale of ultra-compact handguns.

An unknown number of these existing laws will be subject to challenge.

"At the very least," the American Bar Association predicted in a legal filing, "(a) shift in the law will prompt years of litigation regarding the constitutionality of statutory, regulatory and administrative provisions."

Q. Will the ruling allow those who are arrested or convicted on gun charges to challenge their cases?

A. Yes.

"Virtually every defense attorney" whose client is facing "a gun count" in the indictment is obligated to seek dismissal, said Jack King, a D.C. attorney and the director of public affairs for the National Association of Criminal Defense lawyers.

The impact could be extensive because many of the gun charges are linked to drug raids, he said, adding that, "Very often guns go with drugs in this town." Fifteen percent of state inmates and 13 percent of federal inmates carried a handgun during commission of their crimes, according to Bureau of Justice Statistics figures.

Q. How about federal gun laws? Will they be affected?

A. Potentially yes, although most firearm regulations are at the state or local level.

Congress has passed a number of firearms laws in the past, such as a since-expired assault weapon ban written in 1993. Only time will tell which gets challenged next.

"I fear that the District's policy choice may well be just the first of an unknown number of dominoes to be knocked off the table," Justice John Paul Stevens wrote in dissent, adding that resulting litigation will "surely give rise to a far more active judicial role."

Q. What kind of gun laws will probably survive?

A. Narrowly tailored laws may be safe, along with laws that target the most sophisticated weaponry.

Scalia and the court's majority stress D.C.'s "absolute" prohibition of handguns and the fact that the District "totally bans" such firearms. Presumably, laws that have a narrower focus will fare better in court.

The court also said that the Second Amendment right to bear arms may be limited to those weapons "in common use at the time" the amendment was written. In other words: no rocket-propelled grenade launchers.

The court stressed that sawed-off shotguns as well as "M-16 rifles and the like may be banned."

Q. How will this decision play politically in this election year?

A. In the short term, the decision highlights the importance of the Supreme Court, and offers a wedge issue for political operatives. In the long run: Who knows?

Presumptive Republican presidential candidate John McCain embraced the decision. His Democratic opponent, Barack Obama, offered a more nuanced view. Obama stressed that, like the court's majority, he believes that the Second Amendment protects an individual's right to bear arms. Obama added that the decision offers "much needed guidance" to officials.

Q. How will interest groups fare?

A. Pro-gun and anti-gun groups could both benefit.

Controversy has a way of mobilizing activists, enhancing fundraising and giving volunteers a jolt of adrenalin. The new court, legislative and public relations challenges empowered by the court's ruling could guarantee years of employment.

As Alan Gottlieb of the small Second Amendment Foundation put it yesterday, "Our work has only just begun."