Court hearing on gun rights has Siloam Springs connection
Posted on Wednesday, July 2, 2008
URL: http://www.nwanews.com/hl/News/24923/
Arkansas Attorney General Dustin McDaniel said the U. S. Supreme Court’s ruling striking down the District of Columbia’s ban on handguns would have had “ more of an impact on our state if it had gone the other way. ”
The former Jonesboro police officer said that because Arkansas sets few restrictions on owning guns — including no mandates for storing or locking guns and no limit on ammunition purchases — Justice Antonin Scalia’s majority opinion was in keeping with the state’s laws as they stand. “ That the Supreme Court interpreted, I think rightly, that gun ownership is an individual’s right, not just a collective right for American militias, is a validation of what we already believe here in Arkansas, ” McDaniel said.
John Wallis, president of the Arkansas Rifle and Pistol Association, echoed McDaniel in saying that the ruling would make it harder for lawmakers to introduce limits or restrictions on gun ownership in the Legislature.
“ It kills one of their arguments absolutely, ” Wallis said.
The Second Amendment, Wallis said, had been the only Constitutional amendment interpreted as a collective right.
“ When they said in every amendment, ‘ the people, ’ they meant an individual right, ” he said. “ Now we have the Supreme Court telling us that’s the right way to read it. ”
He said the ruling would have greater impact because it came in more modern times. “ This isn’t a decision from the 1850 s before there were really police agencies, ” Wallis said.
Before Thursday, the most recent Second Amendment ruling by the Supreme Court was U. S. v. Miller, a 1939 case that originated in the Western District of Arkansas. Jack Miller, a Fort Smith man, was charged with transporting a sawed-off shotgun from Claremore, Okla., to Siloam Springs in violation of the National Firearms Act of 1938. Miller challenged the law, which he said violated the Second Amendment.
The Supreme Court, however, ruled that a sawed-off shotgun had no “ reasonable relation to the preservation or efficiency of a well-regulated militia, ” and the right to bear and keep such a weapon was not protected by the Second Amendment.
Thursday’s ruling was welcomed by members of the Arkansas congressional delegation.
“ I think the Supreme Court did the right thing, ” said Sen. Blanche Lincoln.
“ I support the decision, ” said Rep. Marion Berry.
Rep. John Boozman said, “ This is a great victory for all Americans. ”
Four of the six members of Arkansas’ congressional delegation signed a friend-of-thecourt brief in support of ending the Washington, D. C., gun ban, as did McDaniel.
“ I had wanted to file the brief myself, but Texas was ahead of me and took the lead, which is fine, ” McDaniel said. “ So I tried to do my part and rally other Democratic attorneys general behind this and really show our support. I am comforted and pleased with how this turned out, I really am. ”