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...Poland. But on Tuesday the Court injected itself into the center of a fiery dispute, hearing arguments in a gun control case that marks the amendment's greatest test since it was ratified in 1791. During the argument, a majority of justices appeared to signal that the right to bear arms extends to ordinary Americans, a belief that could redraw the lines of this contentious cultural battle...

Author: /time Magazine | Title: Gun Control Laws in the Cross Hairs | 3/19/2008 | See Source »

...denied him permission to register, and thus possess, a handgun that he wanted to keep in his home for protection. A federal appeals court in D.C. sided with Heller, finding that the city's gun ban - considered the nation's strictest - violated Heller's Second Amendment right to bear arms. The text of the amendment, arguably one of the more convoluted in the Constitution, 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...

Author: /time Magazine | Title: Gun Control Laws in the Cross Hairs | 3/19/2008 | See Source »

...appeals court ruling, however, doesn't necessarily square with legal precedent. In the 1939 case, U.S. v. Miller, the Supreme Court ruled, "We cannot say that the Second Amendment guarantees the right to keep and bear" arms. So while many Americans have long argued the Second Amendment extends to them, that belief has never been unequivocally grounded...

Author: /time Magazine | Title: Gun Control Laws in the Cross Hairs | 3/19/2008 | See Source »

...members of the Court's conservative wing seemed to think so. They favored a broader interpretation that included individual rights. "The two clauses go together beautifully: Since we need a militia, the right of the people to keep and bear arms shall not be infringed," said Justice Antonin Scalia. In a spirited back-and-forth with the district's lawyer, former solicitor general Walter Dellinger, Chief Justice John Roberts scoffed at the D.C. ban's sweeping restrictions. "What is reasonable about a total ban on possession?" he asked. Justice Samuel Alito joined his colleagues, pointing out that...

Author: /time Magazine | Title: Gun Control Laws in the Cross Hairs | 3/19/2008 | See Source »

...clauses, arguing that the state's right to maintain a militia did not imply that individuals did not also have a right to defend themselves in their homes. "The amendment says we reaffirm the right to have a militia," Kennedy said, "but in addition, there is a right to bear arms." Kennedy's crucial swing vote would tip the scales in favor of an individual right to bear arms...

Author: /time Magazine | Title: Gun Control Laws in the Cross Hairs | 3/19/2008 | See Source »

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