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DC Circuit strikes down DC gun law
How Appealing Blog ^ | 03/08/2007 | Howard Bashman

Posted on 03/09/2007 8:10:02 AM PST by cryptical

Edited on 03/09/2007 10:38:14 AM PST by Admin Moderator. [history]

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.

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. Posted at 10:08 AM by Howard Bashman


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; US: District of Columbia
KEYWORDS: 2ndamendment; banglist; devilhasiceskates; districtofcolumbia; firsttimeruling; flyingpigs; frogshavewings; giuliani; gunlaws; hellfreezesover; individualright; rkba; secondamendment; selfdefense
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To: cryptical

If this holds up, I see a crime-surge in Maryland's future.


21 posted on 03/09/2007 8:18:31 AM PST by ArrogantBustard (Western Civilisation is aborting, buggering, and contracepting itself out of existence.)
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To: cryptical

I read it twice, I couldn't believe it!

A landmark decision, indeed!


22 posted on 03/09/2007 8:18:45 AM PST by airborne (Rudy is nothing but a donkey in an elephant suit! HUNTER 2008!)
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To: cryptical
Better late than never, I always say!

This might be the biggest strike FOR real freedom I've seen from the courts in quite some time.

23 posted on 03/09/2007 8:18:55 AM PST by jpl
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To: Seruzawa
"So then we could reinstitute slavery in the District of Columbia?"

And repeal women's suffrage, much to the dissenting justice's chagrin...

24 posted on 03/09/2007 8:19:04 AM PST by Joe 6-pack
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To: Dead Corpse

PING!


25 posted on 03/09/2007 8:19:58 AM PST by airborne (Rudy is nothing but a donkey in an elephant suit! HUNTER 2008!)
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To: ArrogantBustard

explain that statement please.


26 posted on 03/09/2007 8:21:02 AM PST by lakeman (when a marine kills the only thing he feels is the recoil of his rifle)
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To: Joe Brower

Ping!!!


27 posted on 03/09/2007 8:21:30 AM PST by Smokin' Joe (How often God must weep at humans' folly.)
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To: airborne; Joe Brower
Already here yo'... ;-)

Pinging joe for the Bang list.

28 posted on 03/09/2007 8:21:30 AM PST by Dead Corpse (What would a free man do?)
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To: cryptical

Holy Crap!

29 posted on 03/09/2007 8:21:35 AM PST by Uncledave
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To: cryptical

"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 Federal judge? Another collectivist idiot.

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


30 posted on 03/09/2007 8:21:49 AM PST by headstamp (Nothing lasts forever, Unless it does.)
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To: cryptical

Ping for later.


31 posted on 03/09/2007 8:22:05 AM PST by babygene (Never look into the laser with your last good eye...)
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To: lakeman

As all the criminals flee a DC populace once again able to defend itself from their predation.


32 posted on 03/09/2007 8:22:21 AM PST by Dead Corpse (What would a free man do?)
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Giuliani is having a Depends moment.


33 posted on 03/09/2007 8:22:34 AM PST by azhenfud (The fool hath said in his heart, There is no God.)
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To: cryptical

Silbermann - Reagan
Henderson - Bush 41
Griffith - Bush 43

We need to get Keisler up there and continue court reform.


34 posted on 03/09/2007 8:22:50 AM PST by zendari
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To: Admin Moderator
This thread really deserves to be on 'Breaking News'.

It's got more gravitas than the average thread.

35 posted on 03/09/2007 8:23:11 AM PST by The KG9 Kid
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To: Alberta's Child

"Rudy Giuliani and Michael Bloomberg are going to be greatly disappointed to hear this."

YOU RUDY HATERS ALWAYS FIND A WAY TO ATTACK HIM NO MATTER WHAT THREAD YOU'RE ON!!!! YOU'RE JUST A BUNCH OF RIGHT WING EXTREMISTS!!!!!!! POLITICS OF PERSONAL DESTRUCTION!!! POLITICS OF PERSONAL DESTRUCTION!!!


36 posted on 03/09/2007 8:23:40 AM PST by flashbunny (<--- Free Anti-Rino graphics! See Rudy the Rino get exposed as a liberal with his own words!)
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To: longtermmemmory

I think Rudy has a unique political opportunity to say he respects the ruling.


37 posted on 03/09/2007 8:24:00 AM PST by Uncledave
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To: airborne

There are actually justices who believe this?

Thank heaven!


38 posted on 03/09/2007 8:24:13 AM PST by azhenfud (The fool hath said in his heart, There is no God.)
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To: domenad
No, this is the second case concluding that the Second Amendment grants individual rights. The other came from Texas, and the Supreme Court declined to review that, the Emerson case, against a contrary decision from, IIRC, the ever-popular Ninth Circuit.

At some point, the SC will have to take one of these cases, and answer the very question posed in this case.

Congressman Billybob

Latest article: "Rudy Beats Hillary -- End of Story"

39 posted on 03/09/2007 8:24:59 AM PST by Congressman Billybob (Please get involved: www.ArmorforCongress.com)
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To: cryptical

wow! DC gun owners can now "come out of the shadows".

I should start taking bets whether the full circuit will let this go.

But the wording alone - I'm truly amazed!


40 posted on 03/09/2007 8:25:05 AM PST by VeniVidiVici (ĦEl proletariado del mundo, une! - Xuygo Chavez)
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