Nice line from Justice Scalia (SCOTUSBLOG); before we get too drunk on the champagne, though, a few caveats:
The Court took no position on whether the Second Amendment right restricts only federal government powers, or also curbs the power of states to regulate guns. In a footnote, Scalia said that the issue of “incorporating” the Second into the Fourteenth Amendment, thus applying it to the states, was “a question not presented by this case.” But the footnote said decisions in 1886 and 1894 had reaffirmed that the Amendment “applies only to the Federal Government.” Whether the Court will reopen that issue thus will depend upon future cases.
Lest anyone forget, since the capital is a Federal district, this case struck down Federal infringement. I fear the Court not only left the door open for state infringement (which would fly in the face of the actual intent of those who enacted the 14th Amendment in 1868), but practically invited the states to do it with the citations mentioned above.
One more problem:
The Court said it was not passing on a part of the law requiring that guns be licensed. It said that issuing a license to a handgun owner, so the weapon can be used at home, would be a sufficient remedy for the Second Amendment violation of denying any access to a handgun.
The licensing issue was one the Clintonoids tried to use to get a de facto ban through the back door (for those who question me on this, try getting a gun permit in New York State). I distinctly remember Al Gore saying something to the effect of ”gun ownership should be licensed like driving” – and shuddering.
So while this was a victory, it was a limited one, and even with that, we were one justice away from a complete defeat.
