Court Says Individuals Have a Right to Firearms
|
|
In a case that had drawn intense national attention from supporters and opponents of gun control measures, a federal appeals court in New Orleans ruled yesterday that the Constitution guarantees individuals a right to have firearms. But the court, in wading into one of the most contentious issues of constitutional law, disappointed pro-gun groups by declaring that the right was subject to some regulations, leaving open the door for gun control provisions. Ever since an unusual pro-gun ruling from a Texas federal judge in 1999, the case had become the central legal battleground over the Second Amendment guarantee of a right ”to keep and bear arms,” which has been a political rallying cry for the National Rifle Association and other groups. They say there is a constitutional right for individuals to bear arms, contrary to most court decisions, which have said the amendment gives only a collective right, such as for state militia units. The ruling yesterday by the United States Court of Appeals for the Fifth Circuit involved the case of a Texas doctor charged with illegal gun possession. Although the court said there was a Second Amendment right, it sent the case back to federal court for the doctor to face trial. In the decision released late yesterday, two judges of a three-judge panel wrote that ”the Second Amendment does protect individual rights.” But the majority opinion quickly added, ”That does not mean that those rights may never be made subject to any limited, narrowly tailored specific exceptions.” More : query.nytimes.com |