DC Circuit strikes down DC gun law

How Appealing Blog ^ | 03/08/2007 | Howard Bashman

[Atlas Sneezed]

It is at least the SECOND court to rule that the 2nd Amendment confers an Individual right. A judge in the Texas area ruled similarly about 3-4 years ago, when his divorcing wife tried to use a preemptive anti-gun restraining order against him.

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But in Emerson, the ruling did not rely on the opinion's comment about it being an individual right (making it legally irrelevant, what lawyers call "dicta".)

In this one, the holding it firmly and essentially rooted on it being an individual right.

What more, the court actually ruled that a gun control law is unconstitutional. (as opposed to ruling that someone was wrongly convicted, or a law was misapplied.)

[brazzaville]

Good morning.

A little defensive there, aren't you Flash? It must be that element of truth, eh. Or were you being sarcastic? I can't tell sometimes.

Relax, this is great news and we should all enjoy it.

Michael Frazier

[ctdonath2]

Mmmm...not quite. Don't recall Dalton offhand, but RIA's outcome amounted to: you can't be punished under a law that cannot be obeyed. To wit, RIA was convicted of not registering something, which the court overturned because there was simply no way for RIA to register it. Basically they were convicted under the wrong law (should have been hit with 922(o), not NFA'34 relevant parts of which were rendered moot by the former). The part of NFA'34 which required registering MGs was nullified; the rest of NFA'34 remains intact.

[ctdonath2]

In Emerson, they found that he DID have an individual right - which, under very specific circumstances which he met, could be suspended.

[Towed_Jumper]

"What does "en banc" mean?"

en banc is a legal term that means the court is sitting together as a whole, i.e. Appeals Courts often (always?), hear cases with only three judges participating --not the full court. When a party requests an en banc review of that judicial panel's decision, they're asking that ALL of the judges assigned to that court hear the case and rule on it.

...hope that helps...

[BurbankKarl]

They threw out trigger locks too.

I hope they appeal it...the decision clearly states that the 9th Circuit misdefined militia in recent rulings....I would love to get a lot of junky gun laws thrown out across the country.

[JamesP81]

Holy crap ping.

[ctdonath2]

Quite, as contrasted with "Congress shall make no law..." which DID get incorporated to the states, despite being directed squarely at Congress alone. Good catch.

[P-Marlowe]

Well, here's something you don't see every day.

[ctdonath2]

One problem with 1022 is that it bans parts. Could be interpreted as "you can have X, but you can't have any of the parts needed to build X."

[CharlesWayneCT]

My bad. I should have noted I was commenting on his column that he links into all of his posts. I just read it, and responded in place without noting it was off-topic.

[bamahead]

You're absolutely dead on...the thugs in D.C. will want unarmed victims.

They won't be migrating to Alexandria, where they don't even require permits.

[HeartlandOfAmerica]

This isn't a "states rights" issue it's an INDIVIDUAL rights issue. And last time I checked, DC is in the USA.

That's what I was thinking.

If DC isn't covered by the Second Amendment to the US Constitution, then they aren't covered by any other Amendments to the US Constitution either.

[JamesP81]

I predict exploding heads in the Washington comPost editorial offices ...

Cleanup on aisle 3....

[CharlesWayneCT]

my bad, my comment was about his column that he linked into his post, not his post. I'm in full agreement on his post, but not on his column. I should have made that clear.

[zeugma]

Thanks for the links. Bumping for later reading.

[Larry Lucido]

Anyone know who the judges are, and who appointed them?

[Larry Lucido]

Ping

[Tarpon]

gun banner == liberal. Surest way to figure out the mystery.

[patton]

Judges listed above, but I forget where. LOL.