Top court might hear case on guns

Most U.S. courts said there’s no right to own a gun for private use.

WASHINGTON (AP) — Supreme Court justices have track records that make predicting their rulings on many topics more than a mere guess. Then there is the issue of the Second Amendment and guns, about which the court has said virtually nothing in nearly 70 years.

That could change in the next few months.

The justices are facing a decision about whether to hear an appeal from city officials in Washington, D.C., wanting to keep the capital’s 31-year ban on handguns. A lower court struck down the ban as a violation of the Second Amendment rights of gun ownership.

The prospect that the high court might define gun rights under the Constitution is making people on both sides of the issue nervous.

“I wouldn’t be confident on either side,” said Mark Tushnet, a Harvard Law School professor and author of a new book on the battle over guns in the United States.

The court could announce as early as Tuesday whether it will hear the case.

The main issue before the justices is whether the Second Amendment protects an individual’s right to own guns or instead spells out the collective right of states to maintain militias. The former interpretation would permit fewer restrictions on gun ownership.

The Second Amendment reads: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

The federal appeals court for the District of Columbia was the first federal panel to strike down a gun-control law based on individual rights. The court ruled in favor of Dick Anthony Heller, an armed security guard whose application to keep a handgun at home was denied by the district.

Most other U.S. courts have said the Second Amendment does not contain a right to have a gun for purely private purposes.

Chicago has a similar handgun ban, but few other gun-control laws are as strict as the district’s.

Four states — Hawaii, Illinois, Maryland and New York — are urging the Supreme Court to take the case because broad application of the appeals court ruling would threaten “all federal and state laws restricting access to firearms.”

The district said its law, passed in 1976, was enacted by local elected officials who believed it was a sensible way to save lives. The law also requires residents to keep shotguns and rifles unloaded and disassembled or fitted with trigger locks.