Leaders of several gun rights groups and activists supporting the Second Amendment have jointly informed the Senate of their strong opposition to the appointment of Sonia Sotomayor to the Supreme Court (emphasis added):

“It is extremely important that a Supreme Court justice understand and appreciate the origin and meaning of the Second Amendment, a constitutional guarantee permanently enshrined in the Bill of Rights, ” said a letter from the group, which was hand-delivered to every member of the U.S. Senate. “Judge Sotomayor’s record on the Second Amendment causes us grave concern about her treatment of this enumerated Constitutional right.”

Included among the signators were Sandra S. Froman, former president of the National Rifle Association; Alan M. Gottlieb, CCRKBA chairman; Joseph Tartaro, SAF president; Gene Hoffman, chairman of the CalGUNS Foundation; several current or former NRA directors; Robert Corbin, former Arizona attorney general and past NRA president; former Congressman Bob Barr; Jim Wallace, executive director of the Gun Owners’ Action League in Massachusetts; John T. lee, president of the Pennsylvania Rifle and Pistol Association; Tom King, president of the New York State Rifle and Pistol Association; Robert E. Sanders, former assistant director of law enforcement for the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, and several others, 25 in all.

“The Supreme Court is almost certain to decide next year whether the Second Amendment applies to states and local governments, as it does to the federal government,” they wrote. “While on the Second Circuit, Judge Sotomayor revealed her views on the right to keep and bear arms in Maloney v. Cuomo, a case decided after Heller, yet holding that the Second Amendment is not a fundamental right, that it does not apply to the states, and that if an object is “designed primarily as a weapon” that is a sufficient basis for total prohibition even within the home. Earlier in a 2004 case, United States v. Sanchez-Villar, Sotomayor and two colleagues perfunctorily dismissed a Second Amendment claim holding that "the right to possess a gun is clearly not a fundamental right." Imagine if such a view were expressed about other fundamental rights guaranteed by the Bill of Rights, such as the First, Fourth and Fifth Amendments.”

“We joined in this effort,” Gottlieb said, “because our nation stands at point in history where we either defend all civil rights, or begin to surrender them one by one until none are left. It would be unconscionable to stand silently as the Senate deliberates confirmation of a new associate justice with such evident disregard for a key tenet, if not the critical element, of the Bill of Rights.”

“The Second Amendment survives today by a single vote in the Supreme Court,” the letter notes. “Judge Sotomayor has already revealed her views on the right to keep and bear arms and we believe they are contrary to the intent and purposes of the Second Amendment and Bill of Rights.”  

Considering what we already know about Sotomayor's racist ideas, I can't help but wonder (tongue in cheek) whether her opposition to gun rights is absolutist or relative. Does she, perhaps, think that a Hispanic woman in possession of a handgun is likely to use it more wisely than a white male, and thus should be given a pass?  

The Heller ruling is in:

WASHINGTON (AFP) — The US Supreme Court ruled Thursday that Americans have a constitutional right to bear arms, ending a ban on owning handguns in the capital city in its first ruling on gun rights in 70 years.

The court's 5-4 landmark decision — on whether the right to keep and bear arms is fundamentally an individual or collective right — said the city's law violated the second amendment of the US constitution which the justices said guaranteed citizens the right to keep guns at home for self-defense.

"There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms," wrote Justice Antonin Scalia in the court's decision.

He added that while the court took seriously the problem of handgun violence: "The constitution leaves the District of Columbia a variety of tools for combating that problem, including some measures regulating handguns.

"The enshrinement of constitutional rights necessarily takes certain policy choices off the table. These include the absolute prohibition of handguns held and used for self-defense in the home."

It was a victory for gun rights advocates and could have a far reaching impact on gun control legislation across the country. Opponents may now challenge other laws in cities such as New York that restrict the ownership of handguns in the name of public safety.

Scalia wrote the 63-page majority opinion, which was joined by Roberts, Kennedy, Alito, and Thomas. This seems to be a qualified victory, but a victory nonetheless. I've just skimmed the syllabus and the last couple of pages of Scalia's opinion, and this paragraph in the latter jumped out at me:

JUSTICE BREYER chides us for leaving so many applications of the right to keep and bear arms in doubt, and for not providing extensive historical justification for those regulations of the right that we describe as permissible. See post, at 42–43. But since this case represents this Court’s first in-depth examination of the Second Amendment, one should not expect it to clarify the entire field, any more than Reynolds v. United States, 98 U. S. 145 (1879), our first in-depth Free Exercise Clause case, left that area in a state of utter certainty. And there will be time enough to expound upon the historical justifications for the exceptions we have mentioned if and when those exceptions come before us.

So, stay tuned. 

And don't forget, the next President will probably name two or three Supreme Court justices. One more Ginsberg or Breyer and this decision would have gone the other way. In other words, if Bush had not been re-elected, a SCOTUS with two Kerry nominees in place of Scalia and Roberts would have declared that the Second Amendment did not confer an individual right and was essentially null and void. 

If gun rights matter to you, you may want to think about that. And maybe get one of these.  

UPDATE: FreedomSight has a plethora of links, quotes, and biting commentary (and Jed's promising an "in-depth" look at the ruling itself later). At the end of the post, he also has great Kalashnikitty news. Don't miss it. And I'm not just saying that because he quoted and linked to me. 🙂

UPDATE 2: Billll singled out for attention a couple of quotes from the dissenting opinions, one from Stevens and one from Breyer. Go read. If you're like me, you'll involuntarily laugh, then you'll shudder and work to suppress your gag reflex, and then you'll shake your head in disbelief that such men were considered to be among the best jurists in the country and tasked with protecting the Constitution.

Billll's reaction is perfect: "We really don’t need any more like these." Maybe he should get one of these.