Utahns watching, waiting for Supreme Court ruling on DC guns

By Kimberly A. Hinckley

December 11, 2007 | "The biggest Second Amendment court battle in history is about to begin. One that will have a huge impact on you, your children and every other American gun owner for generations."

These are the words of National Rifle Association Vice President Wayne LaPierre in reference to the upcoming Supreme Court decision on District of Columbia vs. Heller.

In this case the District of Columbia is trying to uphold its ban on handguns, which has existed since 1975 yet not been significantly challenged until now.

Clark Aposhian, chairman of Utah Shooting Sports Council, said he doesn't know why it hasn't been challenged since then because gun supporters have strongly believed that the ban is unconstitutional.

"We have always held that DC's ban was illegal. That it was unconstitutional," he said.

District of Columbia vs. Heller is the first Supreme Court case to address the Second Amendment since 1939. The Supreme Court has decided to base this case on whether the right to own firearms is one that extends beyond those "who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes."

The challenging of the Second Amendment has some concerned. Hunter Timbimboo, a Utah State University student majoring in nutrition, is a gun owner who said this case could have an effect on him.

"Guns are a huge part of my family," he said. "My dad has been taking me hunting since I was 4. I got a BB gun for my 6th birthday and I've gotten guns every birthday since then. I go trapshooting, hunting, everything."

Timbimboo went on to say that a life without guns would be "devastating."

According to Aposhian, Timbimboo has little to worry about concerning his recreational shooting.

"Your long guns [rifles, shotguns] are the least regulated of all firearms. . . . Heller and Parker and DC and that, they are not getting into the sporting firearms at all. Even if they were to rule for DC, [the ruling] would not touch sporting purposes," Aposhian said.

He added that the effect on other guns is contingent on whether the Supreme Court sticks to the registration of guns, keeping them in the home and keeping them operational, but that a broader opinion was unlikely.

Aposhian further put the worries of Utah gun owners at peace when the Supreme Court's trend of individual rights over collective rights is considered. Aposhian said Utahns don't have to worry about their guns being taken away anytime soon:"Right now Utah has some of the most permissive firearm laws in the nation. Anything anybody can do in other states we can do here. There is no registration for firearms. . . . You can privately purchase hand guns, [and] you can conceal firearms if you are 21."

The permissive nature of Utah laws is not the only thing safeguarding the rights of gun owners in Utah. Utah also has safeguards in its Constitution and a Legislature. Aposhian said that compared to the United States' Constitution, Utah's Constitution leaves less up for interpretation and that the Legislature "is not comprised of people who are likely to restrict firearms."

What Aposhian feels that Utahans need to worry about is the tone that a ruling in favor of the District of Columbia would set.

"A win for DC would set the tone in favor of federal power. Whether you are for guns or against guns I would be looking at this as a barometer for federal power," he said.

Federal power aside the main concern for Timbimboo was self-defense. Timbimboo said self-defense is important and that he has always felt the Second Amendment has safe guarded that.

When asked what he would do without guns he said, "Oh my gosh." He sighed and continued, "I've never even thought of that, because I have always relied on the Second Amendment to protect me. I don't think there will ever be a time in my life when I do not own a gun, whether it is legal or not."

Timbimboo said that guns make him feel safer especially as a college student, "I am definitely getting my concealed weapons permit soon. I will definitely carry a gun on campus. . . . I'll feel safer in the classroom you know with the Virginia Tech shooting."

He went on to quote the movie Tremors, saying, "When you need it and you don't have it you'll sing a different tune."

Aposhian echoed that sentiment but didn't feel that the Second Amendment was a significant safeguard, "When I teach or I lecture and we are talking about firearm rights, I very seldom mention the Second Amendment. I don't need to use it to keep my point. Self-defense is an inherent right; I don't need a piece of paper to say I can."

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