DC Circuit court strikes down DC gun law

Discussion in 'Current Events' started by Little-Acorn, Mar 9, 2007.

  1. Little-Acorn
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    Little-Acorn Gold Member

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    A little at a time, our southpaw brethern's fixation on illegally violating the right of the people to keep and bear arms, is being dismantled.

    The full Court opinion is long, but a great read. See the link to it in the first paragraph. It points out that, among other things, the left's constant insistence that the 2nd amendment only protects the rights of a militia is incorrect; and it explains why.

    ----------------------------

    http://howappealing.law.com/030907.html#023153

    BREAKING NEWS -- Divided three-judge D.C. Circuit panel holds that the District of Columbia's gun control laws violate individuals' Second Amendment rights: You can access today's lengthy D.C. Circuit ruling at this link ( http://pacer.cadc.uscourts.gov/docs/common/opinions/200703/04-7041a.pdf ).

    According to the majority opinion, "[T]he phrase 'the right of the people,' when read intratextually and in light of Supreme Court precedent, leads us to conclude that the right in question is individual." The majority opinion sums up its holding on this point as follows:

    To summarize, we conclude that the Second Amendment protects an individual right to keep and bear arms. That right existed prior to the formation of the new government under the Constitution and was premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad). In addition, the right to keep and bear arms had the important and salutary civic purpose of helping to preserve the citizen militia. The civic purpose was also a political expedient for the Federalists in the First Congress as it served, in part, to placate their Antifederalist opponents.

    The individual right facilitated militia service by ensuring that citizens would not be barred from keeping the arms they would need when called forth for militia duty. Despite the importance of the Second Amendment's civic purpose, however, the activities it protects are not limited to militia service, nor is an individual's enjoyment of the right contingent upon his or her continued or intermittent enrollment in the militia.


    The majority opinion also rejects the argument that the Second Amendment does not apply to the District of Columbia because it is not a State. And the majority opinion concludes, "Section 7-2507.02, like the bar on carrying a pistol within the home, amounts to a complete prohibition on the lawful use of handguns for self-defense. As such, we hold it unconstitutional."

    Senior Circuit Judge Laurence H. Silberman wrote the majority opinion, in which Circuit Judge Thomas B. Griffith joined. Circuit Judge Karen LeCraft Henderson dissented.

    Judge Henderson's dissenting opinion makes clear that she would conclude that the Second Amendment does not bestow an individual right based on what she considers to be binding U.S. Supreme Court precedent requiring that result. But her other main point is that the majority's assertion to the contrary constitutes nothing more than dicta because the Second Amendment's protections, whatever they entail, do not extend to the District of Columbia, because it is not a State.

    This is a fascinating and groundbreaking ruling that would appear to be a likely candidate for U.S. Supreme Court review if not overturned first by the en banc D.C. Circuit.

    Update: "InstaPundit" notes the ruling in this post linking to additional background on the Second Amendment. And at "The Volokh Conspiracy," Eugene Volokh has posts titled "Timetable on Supreme Court Review of the Second Amendment Case, and the Presidential Election" and "D.C. Circuit Accepts Individual Rights View of the Second Amendment," while Orin Kerr has a post titled "DC Circuit Strikes Down DC Gun Law Under the 2nd Amendment."

    My coverage of the D.C. Circuit's oral argument appeared here on the afternoon of December 7, 2006.
     
  2. Tarantulas
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    Tarantulas Rookie

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    For those of us who have been waiting for a plain-spoken court decision on the Second Amendment, here it is. The Second Amendment does protect an individual's right to keep and bear arms. If I weren't at work right now I would be doing the Dance Of Joy!

    Link

    Complete ruling

    So will this affect New York City and Chicago and other gun-grabber areas? I sure hope so! :)

    You know what? Today is a great day! :eusa_clap:
     
  3. Mr. P
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    Mr. P Senior Member

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    :clap2: :clap2: :clap2: :clap2: :clap2: :clap2: :thup: :thup: :thup: bought time.
     
  4. Little-Acorn
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    Little-Acorn Gold Member

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    The DC Circuit now joins the 5th Circuit in ruling that the 2nd amendment protects and individual's right ow own and carry a gun. The more, the merrier.

    Hopefully, a case like this will make its way to the Supreme Court, which will finally overturn the miscarriage of the case US v. Miller from 1939. Most present Federal gun control laws are based on that decision, and will be found unconstitutional once that decision is gone.

    Can't happen too soon.
     
  5. Tarantulas
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    [​IMG]
     
    • Thank You! Thank You! x 1
  6. Avatar4321
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    Avatar4321 Diamond Member Gold Supporting Member

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    merged the threads since it covers the same issue.
     
  7. glockmail
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    glockmail BANNED

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    I agree. THIS IS HUGE!
     
  8. Annie
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    Annie Diamond Member

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    I think that will depend on whether or not the SCOTUS grants cert down the line and how they rule?
     
  9. Merlin
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    Merlin Active Member

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    I'm glad they ruled like that, but it don't affect me personally. I am as qualified to interpret the Constitution as well as they are and I don't pay any attention to laws that I consider unconstitutional.
     
  10. Annie
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    Annie Diamond Member

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    What did the framers mean? An interesting discussion of Montesquieu and others here from Blackstone:

    http://volokh.com/archives/archive_2007_03_04-2007_03_10.shtml#1173488580
     

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