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Where Has Obama Been on the Unconstitutional DC Handgun Ban?
June 26, 2008 11:53 AM
I call it unconstitutional, because the U.S. Supreme Court just did, and they decide.
"Today’s decision is a landmark victory for Second Amendment freedom in the United States," said Sen. John McCain, R-Ariz. "For this first time in the history of our Republic, the U.S. Supreme Court affirmed that the Second Amendment right to keep and bear arms was and is an individual right as intended by our Founding Fathers...Unlike Senator Obama, who refused to join me in signing a bipartisan amicus brief, I was pleased to express my support and call for the ruling issued today."
Where is Sen. Barack Obama, D-Illinois, on this issue?
Tough to tell.
He was asked about it yesterday.
"Why don't I wait until the decision comes out, and I'll comment on it, instead of trying to prognosticate on what the Supreme Court is going to decide tomorrow," he said. "What I've said is that I'm a strong supporter of the Second Amendment. But I do not think that that precludes local governments being able to provide some common sense gun laws that keep guns out of the hands of gang bangers or children, that local jurisdictions are going to have different sets of problems, and that this is a very fact intensive decision that has to be made. But I do think that the Second Amendment is an individual right. So what I'd like to do is wait and see how the Supreme Court comes down and evaluate the actual reasoning in the case, to see how broad or narrow the decision's going to be."
But last year his campaign told the Chicago Tribune that Obama "believes that we can recognize and respect the rights of law-abiding gun owners and the right of local communities to enact common sense laws to combat violence and save lives. Obama believes the D.C. handgun law is constitutional.'"
But Obama campaign spox Bill Burton told ABC News' Teddy Davis that that statement "was obviously an inartful attempt to explain the Senator's consistent position."
What is that consistent position? At the Philadelphia debate, ABC News' Charlie Gibson asked Obama whether the ban was constitutional.
"Well, Charlie, I confess I obviously haven't listened to the briefs and looked at all the evidence," he said.
Earlier, during the Potomac primaries, Obama had the following exchange during an interview with WJLA-TV's Leon Harris:
HARRIS: One other issue that's of great importance here in the district as well is gun control. You said in Idaho recently - I'm quoting here - 'I have no intention of taking away folks' guns.' But you support the D.C. handgun ban and you've said that it's constitutional. How can you reconcile those two different positions
OBAMA: Because I think we have two conflicting traditions in this country. I think it’s important for us to recognize that we’ve got a tradition of handgun ownership and gun ownership generally. And a lot of people – law-abiding citizens use if for hunting, for sportsmanship, and for protecting their families. We also have a violence on the streets that is the result of illegal handgun usage. And so I think there is nothing wrong with a community saying we are going to take those illegal handguns off the streets, we are going to trace more effectively, how these guns are ending up on the streets, to unscrupulous gun dealers, who often times are selling to straw purchasers. And cracking down on the various loopholes that exist in terms of background checks for children, the mentally ill. Those are all approaches that I think the average gun owner would actually support. The problem is, that we’ve got a position, often times by the NRA that says any regulation whatsoever is the camel’s nose under the tent. And that, I think, is not where the American people are at. We can have reasonable, thoughtful gun control measure that I think respect the Second Amendment and people’s traditions.
Watch HERE.
The problem with that answer is that the DC handgun ban was not a regulation or a restriction of guns -- it was a ban.
As Justice Antonin Scalia wrote in the court's 5-4 decision today "the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms."
But that said, Scalia wrote, "the District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of 'arms' that Americans overwhelmingly choose for the lawful purpose of self-defense. Under any of the standards of scrutiny the Court has applied to enumerated constitutional rights, this prohibition—in the place where the importance of the lawful defense of self, family, and property is most acute—would fail constitutional muster."
Recall that the plaintiff in the suit was a special policeman who wanted to have a handgun in his home for self-defense and was denied the lawful ability to do so.
- jpt
June 26, 2008 | Permalink | Share | User Comments (47)
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If people can't see through Obama after his shameless attempt of trying to have it both ways (on the gun ban issue) then they don't want to see the truth. Obama said in the ABC debate he "hadn't listened to the briefs". Huh? You read briefs, not listen to them ,unless you're the judge. What a coward. We know he is for banning guns and he thinks those of us who own them "cling to them". Please America, don't vote this phony in! You will regret it...
Posted by: Dirty Harry | Jun 27, 2008 7:31:34 PM
"Chris" wrote:
"Talk about the law and you know nothing about it. Most gun control laws are stae and local. As lomg as a law is constitutional a local or state law can be stricter than federal law, but not more lenient."
Wow, Chris, where did that come from? Back of a Cracker Jack box? Not only is that a gross, and I do mean GROSS, oversimplification, it's simply flat-out wrong.
"John" wrote:
"Do you honestly not understand that the DC handgun ban is a RESTRICTION of gun onwership rather than a complete BAN of all guns? It simply says that is is illegal to own certain types of guns, similarly to the assault waepons ban that we had a few years ago."
Well Johnny, you're wrong-o. The ban effectively banned having a functioning handgun - ANY handgun - in the home. Any gun had to be registered, and it was illegal to register a handgun. Any long gun had to be disassembled or locked.
So you have a right to own a useless hunk of metal parts that you might be able to bludgeon an attacker with. How does this not run afoul of a right to own firearms? It does not allow you to own "FIREarms."
And go back and do you homework on the so-called "assault weapons ban." It did not actually ban those weapons; it banned certain (primarily aesthetic) features that made it look too mean and scary and "military-style." It was (and still is) still perfectly legal to own a semi-auto AR-15 chambered in exactly the same round and caliber, as long as it didn't have a flash hider or grenade launcher and bayonet mount.
Posted by: Bill in Richmond | Jun 27, 2008 1:24:14 PM
Sen Obama, a flip flopper? Sen Obama, a snake oil sales man?
Both answers to these questions are definitely no.
He just needS to find out first what answer is best to win the Presidency. That is the essence of his CHARACTER.
Posted by: politicsIsdirty | Jun 27, 2008 6:41:28 AM
I have no idea what Obama stands for or believes. I often wonder if he knows either. I think he knows he wants to president.
Posted by: Linda | Jun 27, 2008 2:32:25 AM
I can't take it anymore.
Will November come already so we don't have to hear about Obama anymore.
Posted by: nobama | Jun 27, 2008 12:17:30 AM
Obama? Shifted? NOOOOOOOO! Not our annointed savior! Say it ain't so, Barry. Say it ain't so!
Posted by: Dan R. | Jun 26, 2008 11:40:26 PM
Whatever Senator Obama says on this or any other judicial decision, on the votes of our last 2 approved Supreme Court Judges (Roberts and Alito), Obama votes 'No.' I think that gives a good idea of the type of judge he prefers.
Posted by: Pete | Jun 26, 2008 10:24:36 PM
Obama's answer was pretty much what Scalia wrote. It's an individual right and the government can regulate gun ownership. The question then is: where is the line of regulation? Obama and four justices thought the law fell inside the line, and five justices thought it fell outside.
Posted by: George82 | Jun 26, 2008 10:15:16 PM
You know, I am starting to think the Democrats should have nominated someone that lied a little less. Like...I don't know....Bill Clinton.
Posted by: Shryke | Jun 26, 2008 10:03:48 PM
It's been said it's a patronizing and bigoted to call Obama "articulate." I'm thinking it's just inaccurate.
Posted by: Morgo | Jun 26, 2008 9:32:18 PM
Do you honestly not understand that the DC handgun ban is a RESTRICTION of gun onwership rather than a complete BAN of all guns? It simply says that is is illegal to own certain types of guns, similarly to the assault waepons ban that we had a few years ago. It does not prohibit owning guns of other types. So, where is the problem with Obama's position you are citing in your article?
Posted by: John | Jun 26, 2008 9:03:24 PM
Obama is unwilling to commit on his stance in the matter because he doesn't have a clue what he thinks. He needs someone to tell him. He gloats that he was a professor teaching Constitutional Law, he is an idiot. Obama is a slimy politician who will stop at nothing to get elected.
Posted by: MJL | Jun 26, 2008 8:53:47 PM
To paraphrase another former Dem presidental candidate......Obama was against guns before he was for it...
Posted by: Tim | Jun 26, 2008 8:37:44 PM
Talk about the law and you know nothing about it. Most gun control laws are stae and local. As lomg as a law is constitutional a local or state law can be stricter than federal law, but not more lenient. Why do think different states have stricter gun laws on concealed weapons, etc...or different abortion laws. They can restrict certain parts of abortion, for example parenteral consent, but they can't ban it. You don;t know the law. Obama was correct as what is good for one are may not work in another area as long as the restrictions they place on guns is deemed constitutional.
Posted by: chris | Jun 26, 2008 8:29:14 PM
Look at all the constitutional lovers in here suddenly! So GUESS WHAT FOLKS? The War in Iraq is UNLAWFUL AND UNCONSTITUTIONAL. Why? The Congress never declared WAR. TIME TO PULL OUT. The constitution trumps all remember? Time for the supreme court to call the war UNCONSTITUTIONAL.
Posted by: Tom | Jun 26, 2008 8:23:21 PM
WEDGE ISSUES..Here we go again. Republicans have to simplify everything for their "Stupid" uneducated following. Why is it more college educated folks are dem? Why is it? LOL This is a very difficult issue and states and local governments should be left to make their own laws. That's how the US was formed.
Posted by: Jason | Jun 26, 2008 8:19:42 PM
Like passges of the bible. Once again, Republicans deciding WHICH PARTS of the constitution you'd like to protect. Your president has RAPED the constitution the past 8 years. It's bogus that dems are trying to "take your guns." YEEEEEEEEEEEEEEEEEEEHHHHHHAAAAAAAAAAAAA... Larger cities have much different set of problems than rural communities. Leave it to the STATES to decide. That's a true Republic as it was designed, not by a SUPREME COURT.
Posted by: Patrick | Jun 26, 2008 8:15:02 PM
The thing that needs to be said here is that were Saint O the president these past 8 years then 6 justices would have upheld the DC Ban because Saint O would have put in justices that believe like he does that Saint O can take away your guns if he so desires leaving only the criminals with weapons. Thank goodness he was not president.
Posted by: Kabookey | Jun 26, 2008 5:28:47 PM
What I would have said: "I'm sick and tired of federal courts usurping state and local power. The bill of rights was designed to protect the states from abuses of federal power, like in this instance where the federal court system again declared that it had jurisdiction inside of one of the sovereign states of the U.S. The second amendment guarantees felons the right to have suitcase nukes, why doesn't the court grow a spine and uphold the true meaning of the law. If the poeple of this nation aren't comfortable with that, then we can make a constitutional amendment abrogating the bill of rights. That IS how laws are supposed to be made in this country. By continuing to rule both that federal courts have state jurisdiction and by totally distorting the meaning of the second amendment to somehow equate it with handguns, these power-mongering jurists have guaranteed that the constitution will remain broken and that the courts will maintain their new role as an autocratic unaccountable legislative body."
Posted by: Bumcake | Jun 26, 2008 5:23:50 PM
What Obama meant to say was "Why don't I wait until the decision comes out, and I'll comment on it, when I can get someone to write me a statement".
Posted by: meaner | Jun 26, 2008 4:54:03 PM
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