High noon for high court on gun-rights case

THE SUPREME COURT concluded in 2008 that the Second Amendment protects the individual right of District residents to keep and bear arms. On Tuesday, the justices will consider whether this right extends to the rest of the country.

The court's decision in District of Columbia v. Heller was heralded by gun-rights advocates as historic and criticized by others, including us, as unduly activist for disregarding precedent and single-handedly throwing out the District's democratically authorized gun laws. But the ruling's impact has been limited because the District is a federal enclave -- an entity that is legally distinct from states.

Since that decision was rendered, a group of Illinois residents have challenged Chicago's strict gun-control laws by arguing that the Second Amendment also obligates states and non-federal jurisdictions to abide by the Supreme Court's pronouncement.

It would seem incongruous at best and legally indefensible at worst to deny to those beyond the nation's capital a right that the justices have ruled is embedded in the federal Constitution.

That is not to say, however, that a recognition of individual rights should foreclose the possibility of regulation. Writing for the five-justice majority in Heller, Justice Antonin Scalia acknowledged that "like most rights, the right secured by the Second Amendment is not unlimited." Indeed, even First Amendment rights of free speech and association have been subject to restrictions when the government proves it has a compelling reason. The court should rearticulate this important principle.

Reasonable gun-control measures, including registration requirements and background checks and those specifically tailored to meet the needs of particular communities, are necessary to protect public safety. Law enforcement officials, both local and national, have testified about the necessity and wisdom of such laws. Extending legal protections to gun owners should not and need not come at the expense of sensible rules to protect public safety.