Americans have right to guns under landmark ruling

By James Vicini

WASHINGTON (Reuters) - Individual Americans have a right to own guns, the Supreme Court ruled on Thursday for the first time in the country's history, striking down a strict gun control law in the U.S. capital.

The landmark 5-4 ruling marked the first time in nearly 70 years the high court has addressed the Second Amendment of the U.S. Constitution. It rejected the argument the right to keep and bear arms was tied to service in a state militia.

Justice Antonin Scalia said for the majority the Second Amendment protects an individual right to possess a firearm unconnected with militia service and to use it for traditional lawful purposes, such as self-defense in the home.

However, he said the new right was not unlimited.

The court struck down two parts of the country's strictest gun control law adopted in Washington, D.C., 32 years ago -- the ban on private handgun possession and the requirement that firearms kept at home be unloaded and disassembled or bound by a trigger lock.

The ruling marked the first time the court has struck down a gun control law for violating the Second Amendment.

The ruling won praise from President George W. Bush, Republican presidential candidate John McCain and Wayne LaPierre of the politically powerful National Rifle Association, who said, "This is a great moment in American history."

It drew fire from gun control groups, which warned of new legal attacks on existing gun laws, and some Democrats in Congress like Sen. Dianne Feinstein, who said the decision "opens this nation to a dramatic lack of safety."

The four liberal dissenting justices warned of the ruling's consequences. "The decision threatens to throw into doubt the constitutionality of gun laws throughout the United States," Justice Stephen Breyer said.

Although an individual now has a constitutional right to own guns, that new right is not unlimited, wrote Scalia, a hunter.

He said the ruling should not be taken to cast doubt on long-standing prohibitions on the possession of firearms by felons and the mentally ill or on laws forbidding the carrying of firearms in places like schools and government buildings or laws imposing conditions on gun sales.

The Supreme Court's last review of the Second Amendment came in a five-page discussion in an opinion issued in 1939 that failed to definitively resolve the constitutional issue.

In the 64-page opinion, Scalia said an individual right to bear arms is supported by "the historical narrative" both before and after the Second Amendment's adoption.

"What is not debatable is that it is not the role of this court to pronounce the Second Amendment extinct," he said.

"Few laws in the history of our nation have come close to the severe restriction of the district's handgun ban," Scalia said.