Supreme Court Strikes Down D.C. Gun Ban, Upholds Individual Right to Keep and Bear Arms

Associated Press
From: http://www.FoxNews.com

WASHINGTON — The Supreme Court ruled Thursday that Americans have a right to own guns for self-defense and hunting, the justices’ first major pronouncement on gun rights in U.S. history.

The court’s 5-4 ruling struck down the District of Columbia’s 32-year-old ban on handguns as incompatible with gun rights under the Second Amendment. The decision went further than even the Bush administration wanted, but probably leaves most firearms laws intact.

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South Carolina Considering Lifting Ban on Guns in Schools

The Charleston, SC, Post and Courier
Thursday, May 10, 2007

University of South Carolina professor Patrick Nolan knows exactly what he would want to do if a gun-wielding assailant burst into his classroom: He’d blow him away.

“I would have no hesitation,” said Nolan, who holds a state-issued concealed weapons permit and has taught sociology at USC for 15 years. “I would tell my students to get down, and I would stop the attack.”

South Carolina and most other states ban permit holders from bringing weapons onto school campuses and other public property. But a bill pending in the S.C. House would allow anyone with a concealed weapons permit to carry a gun onto public school and college campuses. Nolan said he believes he could better protect his students if he brought his .357-caliber Magnum to class.

“That’s why we have shootings on school campuses, because the shooters know schools are gun-free zones and nobody is going to stop them,” Nolan said.

On Wednesday, the House’s Judiciary Committee took testimony from campus public safety officials and gun-rights advocates, two groups that come down squarely on opposite sides of the issue.

Rep. Jeff Duncan, R-Laurens, introduced the legislation in response to claims that the tragedy at Virginia Tech last month could have been avoided, or at least blunted, if more people on campus were armed. About 20 other lawmakers have signed on to Duncan’s bill.

Kathy Maness represents some 6,000 teachers as executive director of the Palmetto State Teachers Association. She said she prays that conditions in South Carolina schools never reach the point where teachers must pack heat alongside their lesson plans. “I just don’t think it’s safe to have guns in school. What if we have a student who is going off the deep end and they get that gun?”

The state’s Commission on Higher Education declined to comment on the bill; other academic and education groups have said that allowing weapons to be brought onto campuses is a bad idea.

House members adjourned debate on the bill Wednesday, and it is not scheduled to come back up before the end of the session. House Majority Leader Jim Merrill, R-Daniel Island, supports the proposal but thinks it has little chance of passage this year.

Merrill said the bill might have more appeal if it limited the gun-carrying privilege to school faculty and administrators. “This legislation might be a little extreme,” he said. “The students — that might be a little more than folks can stomach.”

Columbia College Police Chief Howard Cook said that allowing civilians to carry weapons on campus could lead to more violence, not less. Officers responding to a shooting already have enough to deal with without having to discern which shooters are legitimate. “It’s difficult for us to decide who are the good guys. If SWAT shoots the faculty member, it just goes round and round.”

Cook, president of the S.C. Campus Law Enforcement Association, said many concealed weapons permit holders lack training in high-stress environments and that their experience is limited to “shooting at paper targets in optimal conditions,” he said.

Ernest Ellis, who oversees law enforcement at USC, said a classroom could be transformed into a virtual shooting gallery if an assailant opened fire and several students reached for their own weapons. “How accurate would their shots be in that case, and would we have even more victims?”

Robert Butler, vice president of Lexington-based GrassRoots Gun Rights, also testified Wednesday. He said concealed weapons permit holders are the good guys and that the mere possibility that they could be sitting in classrooms and walking across campuses is enough to deter most would-be murderers. “If we truly loved our children, we would not create safe havens for the killers of our children,” Butler said.

Butler said law-abiding gun owners have helped stop or minimize violence in at least three school-related incidents over the years.

Nolan, who practices marksmanship in simulated “real-world” environments and teaches training courses for people applying for concealed weapons permits, said most permit holders are not casual gun owners. They practice and have accepted a responsibility.

“When you decide to carry a weapon, you have to ask yourself, ‘Am I prepared to use it?’ ”

Reach Ron Menchaca at rmenchaca@postandcourier.com or 937-5724.

Perry: Banning pistols isn’t the answer

Governor says licensees should be free to take them anywhere for protection

AUSTIN — Gov. Rick Perry said Monday that Texans who are legally licensed should be able to carry their concealed handguns anywhere, including churches, bars, courthouses and college campuses.

“I think it makes sense for Texans to be able to protect themselves from deranged individuals, whether they’re in church, or whether on a college campus or wherever they are,” he said.

“The idea that you’re going to exempt them from a particular place is nonsense to me.”

Perry commented to reporters after he and U.S. Health and Human Services Secretary Michael Leavitt had met privately with educators, mental health experts and law enforcement officials to discuss the recent shootings at Virginia Tech University. Leavitt and other Cabinet officials are traveling around the country to discuss school and community safety practices in preparation for a report to President Bush.

The governor’s remarks aren’t likely to result in widespread changes in Texas gun laws, particularly this late in a legislative session that must adjourn by May 28.

But the comments elicited sharp responses, and Perry’s stance puts him at odds with a major political ally, the Texas Association of Business, over the right of employers to continue to ban firearms from their property.

“We’re not in the Wild West anymore,” Tommie Garza of Houston, executive director of Texans for Gun Safety, said of the governor’s idea. “It doesn’t seem like the sensible thing to do.”

Land Commissioner Jerry Patterson, who sponsored the concealed handgun law as a state senator in 1995, said he agreed with Perry that “we need more guns in schools in the hands of responsible people.”

But he drew the line at allowing guns in bars. “People get drunk there, and their aim is not as good,” he said.

Current law prohibits the carrying of firearms, even by handgun licensees, into bars, schools, most areas of college campuses and courthouses. Churches can ban them, and governmental bodies can prohibit licensees from carrying pistols into public meetings.

Companies also can prohibit their employees from carrying weapons onto their property. The Senate has approved a bill to allow handgun licensees to leave their weapons in their cars on company parking lots, but the TAB and many employers are trying to kill that legislation in the House.

Asked about carrying a pistol into a bar, Perry said, “I think that a person ought to be able to carry that weapon if they are legally licensed to.”

The governor responded less clearly when asked whether Texas should submit mental health information on some individuals to a national database used for background checks.

Seung-Hui Cho, the shooter who killed 32 people and himself at Virginia Tech on April 16, had purchased two handguns, despite having been declared mentally ill.

Senate Bill 1755 by Sen. Rodney Ellis, D-Houston, which hasn’t yet been heard by a Senate committee, would cover people who have received court-ordered inpatient mental health services or who have been declared mentally incapacitated. But it wouldn’t apply to people like Cho, who was a mental health outpatient.

There are privacy requirements under federal law that must be considered, Perry said.

Austin Bureau reporter Peggy Fikac contributed to this story.

clay.robison@chron.com

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