Judge Advises Crime Victim To Arm Herself After Attack

Moon Says No Longer Possible For Police To Protect Citizens posted June 27, 2008 General Sessions Court Judge Bob Moon said Friday that crime in Chattanooga "has become so rampant that it is no longer possible for the police department to protect our citizens."He told a woman who had been pulled from her car and beaten in the head that she or her mother needed to "purchase a weapon, obtain a gun permit and learn to protect yourself." The woman moved back in with her mother after the May 4 incident on E. 17th Street.Judge Moon said, "The U.S. Supreme Court has ruled that all citizens have a right to purchase a weapon to defend themselves, their families and their homes - unless there is some disqualification that prevents them from owning a weapon."

He said, "All area of our city are subject to crime, and some areas have very high crime rates and need to be 'overpoliced.'"Judge Moon said Coolidge Park is one area that needs to be "overpoliced." He said, "I frequently hear of break-ins, thefts and robberies to tourists and citizens in that area. Having a high police presence there is one way you are going to abate it."Judge Moon raised the bond for Dewayne Beard from $65,000 to $130,000 on especially aggravated robbery and from $15,000 to $50,000 on theft. He bound both cases to the Grand Jury.The woman said she was driving on E. 17th Street when Beard came riding up on a bicycle and pulled a gold handgun on her. When she refused to get out of the car, he began hitting her in the head with the gun.He then pulled her out and drove off with her gold 2001 Toyota Corolla.Police found the woman semi-conscious with severe head injuries. She had to have eight stitches in her head and 10 stitches in her leg, where she was also hit.Police located Beard at 4724 Tomahawk Dr. and arrested him as he walked out of the residence. He told officers the stolen car was being driven "by one of my goons."Officers located the vehicle a couple of blocks away on Bella Vista Drive. Blood was found inside the vehicle, and the woman's purse was also inside.Beard said he threw the gun out of the window while driving through Highland Park. Beard was allowed out on an OR bond when the case was not ready for a hearing within 10 days.On May 31, he picked up new charges of aggravated rape and aggravated burglary.A woman said she was lying nude in her bed and a man began performing a sex act on her. She said when the man then began having sex with her using a condom, she realized it was not her boyfriend.She said she pulled the sheets up and saw it was Beard. That case was bound to the Grand Jury earlier

Supreme Court says Americans have right to guns

By MARK SHERMAN, Associated Press Writer

WASHINGTON - The Supreme Court ruled Thursday that Americans have a right to own guns for self-defense in their homes, 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 restrictions intact.

The court had not conclusively interpreted the Second Amendment since its ratification in 1791. The 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 basic issue for the justices was whether the amendment protects an individual's right to own guns no matter what, or whether that right is somehow tied to service in a state militia.

Writing for the majority, Justice Antonin Scalia said that an individual right to bear arms is supported by "the historical narrative" both before and after the Second Amendment was adopted.

The Constitution does not permit "the absolute prohibition of handguns held and used for self-defense in the home," Scalia said. The court also struck down Washington's requirement that firearms be equipped with trigger locks or kept disassembled, but left intact the licensing of guns.

Scalia noted that the handgun is Americans' preferred weapon of self-defense in part because "it can be pointed at a burglar with one hand while the other hand dials the police."

In a dissent he summarized from the bench, Justice John Paul Stevens wrote that the majority "would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons."

He said such evidence "is nowhere to be found."

Justice Stephen Breyer wrote a separate dissent in which he said, "In my view, there simply is no untouchable constitutional right guaranteed by the Second Amendment to keep loaded handguns in the house in crime-ridden urban areas."

Joining Scalia were Chief Justice John Roberts and Justices Samuel Alito, Anthony Kennedy and Clarence Thomas. The other dissenters were Justices Ruth Bader Ginsburg and David Souter.

Gun rights supporters hailed the decision. "I consider this the opening salvo in a step-by-step process of providing relief for law-abiding Americans everywhere that have been deprived of this freedom," said Wayne LaPierre, executive vice president of the National Rifle Association.

The NRA will file lawsuits in San Francisco, Chicago and several of its suburbs challenging handgun restrictions there based on Thursday's outcome.

Sen. Dianne Feinstein, D-Calif., a leading gun control advocate in Congress, criticized the ruling. "I believe the people of this great country will be less safe because of it," she said.

The capital's gun law was among the nation's strictest.

Dick Anthony Heller, 66, an armed security guard, sued the District after it rejected his application to keep a handgun at his home for protection in the same Capitol Hill neighborhood as the court.

The U.S. Court of Appeals for the District of Columbia ruled in Heller's favor and struck down Washington's handgun ban, saying the Constitution guarantees Americans the right to own guns and that a total prohibition on handguns is not compatible with that right.

The issue caused a split within the Bush administration. Vice President Dick Cheney supported the appeals court ruling, but others in the administration feared it could lead to the undoing of other gun regulations, including a federal law restricting sales of machine guns. Other laws keep felons from buying guns and provide for an instant background check.

White House reaction was restrained. "We're pleased that the Supreme Court affirmed that the Second Amendment protects the right of Americans to keep and bear arms," White House spokesman Tony Fratto said.

Scalia said nothing in Thursday's ruling should "cast doubt on long-standing prohibitions on the possession of firearms by felons or the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings."

In a concluding paragraph to the his 64-page opinion, Scalia said the justices in the majority "are aware of the problem of handgun violence in this country" and believe the Constitution "leaves the District of Columbia a variety of tools for combating that problem, including some measures regulating handguns."

The law adopted by Washington's city council in 1976 bars residents from owning handguns unless they had one before the law took effect. Shotguns and rifles may be kept in homes, if they are registered, kept unloaded and either disassembled or equipped with trigger locks.

Opponents of the law have said it prevents residents from defending themselves. The Washington government says no one would be prosecuted for a gun law violation in cases of self-defense.

The last Supreme Court ruling on the topic came in 1939 in U.S. v. Miller, which involved a sawed-off shotgun. Constitutional scholars disagree over what that case means but agree it did not squarely answer the question of individual versus collective rights.

Forty-four state constitutions contain some form of gun rights, which are not affected by the court's consideration of Washington's restrictions.

The case is District of Columbia v. Heller, 07-290.