Justices Say Gun Rights Apply Locally

The Supreme Court ruled on Monday that the Second Amendment, which forbids Congress from infringing the right to keep and bear arms, applies to state and local governments as well.

WASHINGTON — The Second Amendment’s guarantee of an individual right to bear arms applies to state and local gun control laws, the Supreme Court ruled on Monday in 5-to-4 decision.

Justices Will Weigh Challenges to Gun Laws (October 1, 2009) The ruling came almost exactly two years after the court first ruled that the Second Amendment protects an individual right to own guns in District of Columbia v. Heller, another 5-4 decision.

But the Heller case addressed only federal laws; it left open the question of whether Second Amendment rights protect gun owners from overreaching by state and local governments.

The ruling is an enormous symbolic victory for supporters of gun rights, but its short-term practical impact is unclear. As in the Heller decision, the justices left for another day the question of just what kinds of gun control laws can be reconciled with Second Amendment protection.

The majority said only that the right to keep handguns for self-protection at home is constitutionally protected. Justice Samuel A. Alito Jr., writing for the majority, reiterated the caveats in the Heller decision, saying the court did not mean to cast doubt on laws prohibiting possession of guns by felons or the mentally ill, those forbidding carrying guns in sensitive places like schools and government buildings or those regulating the commercial sale of firearms.

Read more at The New York Times

ATF seizes 30 toy guns in Oregon, infuriating local business owner

CORNELIUS, Ore. - A local business owner is flabbergasted after a shipment of 30 toy guns for his store was confiscated by ATF agents in Tacoma.

Brad Martin and his son, Ben, sell the Airsoft BB guns from their store in Cornelius where they’ve been in business for seven years.

The Martins said they buy their stock from Taiwan because the merchandise is less expensive. But the Bureau of Alcohol, Tobacco, Firearms and Explosives seized a shipment of 30 in October. That shipment is worth around $12,000 and the ATF is promising to destroy the entire shipment.

Special Agent Kelvin Crenshaw said the toys can be easily retro-fitted into dangerous weapons.

"With minimal work it could be converted to a machine gun," Crenshaw said.

Brad Martin is furious about the loss of money, for sure, but also in what he now thinks as a loss of his time and the use of government agents to seize toy guns.

"All this manpower, all this time, all this taxpayer money, [it is] wasting my time and my profitability,” Martin said. “[Just] to seize 30 toy guns!"

Ben Martin disagrees that the toy guns could ever be considered dangerous.

"To say these are readily convertible to machine guns is absolutely preposterous,” he said. “The round wouldn't go into the firing chamber and even if the firing pin did strike the primer the gun would basically blow up in your face.”

ATF said it also seized the toys because they are missing the blaze orange tips required on all imported toy guns.

The Martins said they've received shipments before from Taiwan that were missing the orange tips and were simply asked by customs agents to drive up to Tacoma and paint the tips orange themselves. They are wondering why it is an issue now.

KOIN Local 6

High court to define reach of gun-control laws

The dispute that will be argued before the Supreme Court on Tuesday could reshape firearms regulations nationwide.


The case marks the second round of high-stakes litigation over the breadth of the Second Amendment — and will likely have wider impact nationwide than the first. In June 2008, the justices struck down a Washington, D.C., handgun ban and declared for the first time that the Second Amendment covers an individual right to keep and bear arms.

The new question is whether the 2008 decision also applies to cities and states, or only to laws in the federal government and its enclaves, such as Washington. It sets up another major constitutional question with ramifications for scores of mostly urban gun regulations.

USA Today