District of Columbia's gun control laws violate individuals' Second Amendment rights

[Goobieman]

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.

How Appealing

Good news!!!!

 

[Ikari]

Re: District of Columbia's gun control laws violate individuals' Second Amendment rig

Wow....I never thought I'd see a court (especially in DC) where they would come out in such full support for the rights of the individual. Good to see them get it right.

 

[Goobieman]

Re: District of Columbia's gun control laws violate individuals' Second Amendment rig

Wow....I never thought I'd see a court (especially in DC) where they would come out in such full support for the rights of the individual. Good to see them get it right.

If the SCotUS upholds this, not only would it absolutely put to the rest any question that the 2nd is an individual right, but it would also incorporate the 2nd against the states.

Thats -all- good.

 

[LaMidRighter]

Re: District of Columbia's gun control laws violate individuals' Second Amendment rig

If the SCotUS upholds this, not only would it absolutely put to the rest any question that the 2nd is an individual right, but it would also incorporate the 2nd against the states.

Thats -all- good.

It's about time localities started to be held in check for constitutional violations. Hopefully this will stand.

 

[danarhea]

Re: District of Columbia's gun control laws violate individuals' Second Amendment rig

The Second Amendment is what it is..... Inviolate. Good to see judges who rule according to Constitutional law.

 

[Goobieman]

Re: District of Columbia's gun control laws violate individuals' Second Amendment rig

It's about time localities started to be held in check for constitutional violations. Hopefully this will stand.

Well, there's only two ways it won't:
-The DC Court of Appeals, en banc, overturns it (unlikely, and can be appealed)
-The SCotUS overturns it

The latter could be very very bad -- but given the composition of the court, its extraordinarily unlikely.

Scalia has been looking for a 2A case -- this could be it -- and as this is the 2nd Curcuit court to uphold the individual rights view, the increasing split in the circuit courts makes a SCotUS revieew more likely.

 

[LaMidRighter]

Re: District of Columbia's gun control laws violate individuals' Second Amendment rig

Well, there's only two ways it won't:
-The DC Court of Appeals, en banc, overturns it (unlikely, and can be appealed)
-The SCotUS overturns it

The latter could be very very bad -- but given the composition of the court, its extraordinarily unlikely.

agreed all around.

Scalia has been looking for a 2A case -- this could be it -- and as this is the 2nd Curcuit court to uphold the individual rights view, the increasing split in the circuit courts makes a SCotUS revieew more likely.

This would be a great time for the high court to flex a little legal muscle IMO, it would also be a nice FU to the Brady campaign among other anti 2A groups.