DC Circuit strikes down DC gun law

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

[jmc813]

I also don't see that it means that if someone has a carry permit in Alabama, that its automatically good in NY.

Groan.

this is the correct decision - complete prohibition of lawful gun ownership violates the 2A. don't read more into it then that.

There is a lot more to be read into. The whole "individual right" thing can have major ramifications.

[AndrewC]

I love it. From the decision.

These items were not mere antiques to be hung above the mantle. Immediately following the list of required weapons purchases, the Act provided that militiamen “shall appear so armed, accoutred and provided, when called out to exercise, or into service . . . .” Id. (emphasis added).

[Steel Wolf]

So why are troops issued pistols?

I could get into the details of why it's nice to have a pistol in CQB, having been a troop who was formally trained and issued handguns as backups. Handguns are useful secondary tools for a soldier, when your primary weapon fails, but nothing remotely as useful as a long gun. For a thief or criminal, on the other hand, your primary platform would be a concealable weapon. A soldier would only rarely need to conceal a weapon, and only doing very specific functions.

In other words, the military uses sidearms because they fulfill a useful niche, in certain cases. For criminals, it's pretty much an essential part of their arsenal. When you're looking for someone to mug, it's hard to sneak around with a rifle without attracting attention.

Anyway, my above statement was pure speculation. I don't know for a fact how the Founding Fathers would feel. I'm just imagining what arguments they may have found persuasive, given their reasoning for the 2nd. That it all, and I certainly could be wrong.

I personally enjoy owning my H&K USP .45. She's a beaut. Still, I'd probably be willing to part with her, if the 2nd Amendment were interpreted to mean protection for military grade arms, like machine guns, assault rifles and no restrictions. I can do just fine defending my house with a Mossberg 590 instead. Or a M240G. ;-)

[jmc813]

While this is cause for celebration

Happy hour is going to be fun tonight. I'll have the entire bar discussing the 2nd Amendment by the time I leave.

[NinoFan]

(Sings) It's a beautiful mor.... err, afternoon!

[Steel Wolf]

The same thing that makes them useful to criminals makes them useful for little old ladies protecting themselves against criminals as well:

That's a good point too, and I don't deny the logic there. We live in a very different world than they did, and things like that probably weren't on their radar.

[robertpaulsen]

Forget about the 4th Circuit. I was repeating that from another poster and he was wrong.

But it can be overturned by the full court if they choose to hear it.

[oceanview]

ask Ted Olson, he'd be picking the judges in that administration.

[patton]

I have a bit of an issue with your interpretation, but whatever.

Someday, I will win the lotto by suing the State of NY for violation of my rights.

I hope. When I get time.

(I have a VA CCW, and a home in NY. Since I am not a NY resident, I can't take my guns to my house in NY. I am also barred from applying for a NY CCW, as a non-resident. This is a violation of my rights in NY).

[Steel Wolf]

It follows that the weapons described in the Act were in "common use" at the time, particularly when one considers the widespread nature of militia duty. Included among these militia weapons were long guns (i.e., muskets and rifles) and pistols.

Interesting. Well, I stand corrected. I still want a M240G, though. I've got sector sketches already drawn up for my rooftop bunker. ;-)

[oceanview]

and janice rogers brown (among others) is there now as I recall.

[GrandEagle]

So then we could reinstitute slavery in the District of Columbia?

No - because that is specifically prohibited - I call your attention to the 13th amendment.

The bill of rights applies to those not residing in one of the States that are party to the agreement only to the point that they are called out. For example, the 13th amendment specifically states that slavery will not exist in any of the United States OR in any place subject to their jurisdiction.

The Constitution doesn't GRANT the citizens of our nation any rights (such as freedom of speech), it simply calls out a few rights that we already have to be off limits to any governmental interference. The Constitution is the document that lists the rights that "We the People" grant to the federal government. It also lists a few that "we" agree that the States give up - such as keeping warships.

[Tarpon]

Sorry didn't mean to finger you, it was just a figure of speech. The good news is very probably the whack job doesn't know how ineffective shoulder fired full auto really is. The bank robbery in LA is often cited, but the death toll was dead robbers only, for all the puffing about the 100s of rounds fired. My point is full auto doesn't make the difference, the person does.

[robertpaulsen]

"the DC Circuit is much more than the equivalent of a state supreme court."

You are correct. I thought this decision was reached by the District of Columbia Court of Appeals, which is roughly equivalent to a state supreme court in the District of Columbia.

It wasn't. It was reached by the United States Court of Appeals for the District of Columbia Circuit. My bad.

[goodnesswins]

In DC of course....where people will be able to lawfully protect themselves now.

[calex59]

I notice when you click on the source, instead of the blog's URL, you get a freerepublic url. Makes me mighty suspicious that maybe we've been had.

Well, happy to say you are wrong. Rush was talking about this just this morning. It is a real decision.

[El Gato]

The 4th Circuit Court of Appeals is likely the next step. They may overturn this.

No it is not, this was the DC appeals court. The next step is either an en banc hearing before the full DC Circuit Court, or the Supreme Court of the United States. If it's the former, then the next step after that is the latter.

[robertpaulsen]

[zeugma]

This is a very good day my friend. Very good indeed.

There's promise there, but the fight ain't over yet.

Not over by any means, but those of us who love liberty get so little to cheer about that I'm going to nurse this one for all its worth. 

[Nebr FAL owner]

Sorry Flashbunny but I don't hate Rudy I just want him to admit that he & the rest of the govt. has to follow the law just like I do & that includes the Constitution & the bill of Rights including the 2nd Amendment.