From Deseret News archives:

Court shoots down D.C. gun ban

But ruling is seen as not likely to affect Utah laws

Published: Friday, June 27, 2008 12:07 a.m. MDT
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University of Utah law professor, former law school dean and former U.S. Attorney for Utah, Scott Matheson said the ruling states regulation of firearms in "sensitive" locations, such as schools, are seen as appropriate. But, because the ruling deals with a D.C. law, it pertains to federal law rather than state law. Matheson said it's assumed states will be left to regulate firearms as they see fit, but that remains to be seen.

"This is not the final word from the Supreme Court. If anything, this is just the beginning," said Matheson, who added it is likely that a state with strong restrictions on guns will be the first battleground in light of the ruling.

One thing that has struck legal experts is just how close the vote was from tipping the other direction. Matheson said Justice Anthony Kennedy was seen as the "swing vote" on this issue. Kennedy was nominated by President Ronald Regan in 1988 and is seen as taking the "swing vote" position held for years by Justice Sandra Day O'Connor.

The opinion seems to sit well with local gun-rights advocates.

"This is huge. This is a historic time, not just for firearm rights but for individual rights at a time when many feel that our individual rights are being covered over to the gain of the federal government," said Clark Aposhian, chairman of the Utah Shooting Sports Council and active legislative lobbyist.

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Aposhian said most gun advocates already accept current gun regulations, as long as they are deemed reasonable. He sees the ruling as a victory over gun-control advocates. "Gone are these hand-wringing, bed-wetting liberals who have hung everything on a misinterpretation of the Second Amendment," Aposhian said.

Gary Sackett, board member with the Gun Violence Prevention Center of Utah, said his group is placing significance on the ability of governments to regulate. "This case once and for all puts to rest the notion that states and municipalities can reasonably regulate guns," Sackett said, adding the right to own a gun is not absolute.

The group, Sackett said, still believes gun control is needed to prevent violence. "More guns mean more violence, more grief and more injury. There is a high correlation between the two," he said.

Sackett said the ruling is not likely to impact any of Utah's gun laws. Experts on both sides agree there will be little legal controversy in the state.


E-mail: gfattah@desnews.com

Recent comments

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LDS Doctrinal Perspective | June 27, 2008 at 4:25 p.m.

Great comment! I Agree!

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Image

Wyatt Harrison fires off a round at the gun range in Provo Canyon. The U.S. Supreme Court's ruling Thursday affirms that government can license and regulate firearms.

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