Tuesday, July 23, 2002

Revised View of 2nd Amendment Is Cited as Defense in Gun Cases �criminal defendants around the nation have asked federal courts to dismiss gun charges against them based on the Justice Department's recently revised position on the scope of the Second Amendment. The new position, that the Constitution broadly protects the rights of individuals to own guns, replaced the view, endorsed by the great majority of courts, that the amendment protects a collective right of the states to maintain militias. While the challenges have been rejected by trial court judges, based largely on appeals court precedent, supporters and opponents of broad antigun laws say the arguments have forced the Justice Department to take contradictory stances. http://www.nytimes.com/2002/07/23/national/23GUNS.html