Landmark Gun Control Case Goes Before U.S. Supreme Court

“Is it legal for an individual to own a gun in the United States?”

An individual’s right to own a gun has been a controversial issue as some have claimed it protects gun owners, while, others believe that it is the main cause behind rising gun violence and shooting sprees. The court’s decision could have a huge impact on American society.

At issue is the intent of the second amendment of the U.S. Constitution. U.S. media outlets such as the New York Times and CNN recently reported that this case began with a 65-year-old security guard, Dick Heller, who challenged the handgun ban. He argues that the handgun ban prevents him from keeping one at home and protecting his family.

Ratified on December 15, 1791, 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 New York Times reported that Washington lawyers asserted on March 18 when the amendment was drafted, “the people” and “the militia” were essentially synonymous. Therefore, they argued that the amendment, its two clauses properly interpreted, gives people the right to own weapons only in connection with militia service.

However, the plaintiffs argued that although the former part of the amendment reconfirms the rights of the militia, the latter part clearly states an individual’s right to own a handgun. Like the freedom of worship or speech, they see it as an essential right that should be protected by broad interpretation.

Until now, the Supreme Court has largely shied away from taking a stand on the issue. Whether the court will interpret the amendment strictly or loosely is drawing much attention. The court’s decision, expected in June, will also have an impact on the nation’s gun culture.

The U.S. Federal Appeals Court in Washington in last month backed Heller and ruled that the second amendment protects an individual’s right to own a handgun. It was the first time in U.S. history that a federal court used the amendment to strike down a gun control law. This appeal is now before the Supreme Court. The court is expected to define the scope of the right to own a gun, as well as its limits.

Newsweek recently reported that the Supreme Court is likely to judge in favor of admitting the right to owning a gun as the voice of pro-gun lawyers get stronger and the gun lobby maintains its power.

myzodan@donga.com