One of the biggest decisions made by the Supreme Court this term is the lifting of the DC gun ban by a 5-4 vote. It is the first time since 1939 that the Supreme Court has interpreted the Second Amendment. We were lucky enough to have criminal defense attorney and former NYS Assembly Minority general counsel Tom Carr with us to help explain the significance of the ruling.
As a lifelong member of the NRA, I personally believe it should have been a 9-0 vote. However, the reason it was such a close vote was due to the debate over the term militia and what it really means. Does it relate to an individual or to an organized militia such as the National Guard? The Supreme Court held it was an individual right and it is a victory for everyone who wants to feel protected and have firearms in their home.
As Tom explained, the Second Amendment didn’t grant us the right to bear arms, it just enumerated on the right that already existed. The people who created the ban, in my opinion, were misinformed about gun rights and I think the Supreme Court got this one right. The constitution should be looked at when it was written and what the terms meant back then, not what they mean now.