Justus For All

None Sine Causa

High court strikes down gun ban

9:06 am on Thursday, June 26, 2008

CNN.com

The U.S. Supreme Court ruled Thursday that a sweeping ban on handguns in the nations capital violated the Second Amendment right to bear arms.
A gun ownership supporter holds a placard in March outside the Supreme Court in Washington.

A gun ownership supporter holds a placard in March outside the Supreme Court in Washington.

The justices voted 5-4 against the ban, with Justice Antonin Scalia writing the opinion for the majority.

The cases lead plaintiff, Dick Heller, applauded the decision, saying, “Im very happy that I am now able to defend myself and my household in my own home.”

I’m pretty happy with this ruling too. From a political perspective though it is probably a benefit to democrats. If the court had ruled against the 2nd ammendment as an individual right, it would have motivated a lot of gun owners.

2 Comments »

Comment by curtismo

June 26, 2008 @ 8:17 pm

two words jury nullification , if you dont like a law ,or don’t believe in the case you are sitting thru jury duty on ,vote not guilty, this is your greatest power and you do not have to explain yourself to no one for the way you vote

Comment by Gib

June 27, 2008 @ 5:09 am

Jury nullification won’t help invalidate a law. For every defendant who takes a case to jury trial on a particular law, there may be (and likely are) dozens of defendants who will plead guilty or be found guilty by judges and juries who won’t nullify. Also, if you’re the only one nullifying, you won’t get the defendant off, you’ll just force a mistrial, which doesn’t mean the defendant walks.

Also, defense lawyers don’t like to hang their hats on nullification - they will almost never present a defense that basically concedes the defendant did the act but the law prohibiting said act is wrong. (I say almost because I presume someone somewhere has done it, although I’ve personally never seen or heard about it, and I’ve been a prosecutor for a decade) Defense lawyers will offer a defense of some kind, even if they don’t call witnesses of their own. (The defense will come out when cross-examining the state’s witnesses.) If the defendant is acquitted, the acquittal will appear as though the defense was given sufficient credibility to create reasonable doubt, and not as any blow against whatever law the defendant was charged with breaking.

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