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Cato Podcast

SCOTUS Kills the D.C. Gun Ban

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 26 June 2008

⏱️ 6 minutes

🧾️ Download transcript

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0:00.0

This is a Cato special podcast. I'm Caleb Brown. The Supreme Court has ruled in the case of Heller v District of Columbia.

0:09.0

The High Court says the Second Amendment enshrines an individual right and has struck down the DC gun ban.

0:15.4

Beyond that, however, the High Court makes clear this isn't the last word on just what restrictions

0:20.7

on gun ownership count as reasonable.

0:23.9

Roger Pala, the Cato Institute's Vice President for Legal Affairs,

0:27.2

comments on the court's ruling.

0:29.2

We finally have a definitive statement about what the Second Amendment means.

0:36.4

The Second Amendment was part of the Bill of Rights that was ratified in 1791.

0:41.1

The Supreme Court has never spoken definitively about the fundamental question that

0:46.0

has been in play ever since, namely whether it guarantees an individual right to keep and bear

0:51.5

arms or simply a right in virtue of you being a

0:55.0

member of the militia. Today the Supreme Court made that very clear it is an

0:59.7

individual right it is not simply a right that belongs to you only because you're a member of a militia.

1:06.0

Now Scalia's opinion apparently stops short of getting into any type of description about what might constitute reasonable restrictions on the Second Amendment rights.

1:18.0

That's right. There were two main conclusions to come out of the majority's opinion today. Number one, that it is an

1:25.1

individual right and number two that the district's almost total ban on

1:30.8

handguns is unconstitutional. In other words, the court said there are

1:36.8

restrictions that will be permitted under the Second Amendment, but this is not

1:41.7

one of them.

1:43.6

What of the incorporation issue?

1:46.0

How should states and localities be thinking about this ruling?

1:50.1

This case did not involve incorporation of the Bill of Rights against the states.

...

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