The Most Important Gun Rights Court Decision... Ever!

http://canticleforleibowitz.blogspot.com/2007/03/most-important-gun-rights-court.html ^ | March 9, 2007 | Leibowitz

[Bob Leibowitz]

Just like in baseball, there are three touchstones a decision must pass in order to be a home run.

1. It needs to be intellectually defensible. 2. It needs to be convincing. 3. To pass third base, it needs to turn a phrase that will grow into public usage.

Today’s decision by the U. S. Court of Appeals for the District of Columbia spectacularly accomplishes all three. This decision will be the fundamental platform from which will grow future appellate and Supreme Court decisions expanding and solidifying our rights under the second amendment.

This action was filed by six residents of DC, and supported intellectually and financially by the libertarian-leaning CATO institute. One of the six plaintiffs, who are here known as the Appellants, is a DC special police officer who had actually been denied a permit to register his pistol and had therefore suffered the actionable damage of being prevented from keeping a firearm for self-defense.

The majority opinion will stand up to rigorous attack.

It sets out classic, historic, academic and precedentual support of its unequivocal finding that the second amendment defines an individual right to keep and bear pistols and rifles in support of self defense and other lawful uses.

[teeman8r]

"But first the question of whether or not a felon can rightfully be denied the right to bear arms to begin with. I would say that if we can rightfully execute someone for a crime, thereby denying the right to life, or rightfully imprison that someone, thereby denying the right to liberty or at least restricting it, then we can rightfully deny that someone the right to bear arms as a part of the punishment. I would say that we can rightfully continue that denial after release from prison only if we acknowledge it as a part of the punishment, which I'm not sure we do now. "

well stated and you have given me pause to rethink my standing... as a libertarian, i have always felt that rights are unsinkable... once out of prison... the reinstitution of the application of the rights are a no brainer... as for the execution... that to me has always been the ultimate penalty for crimes against humanity...

not necessarily a denial or infringement on the right to life...

but as i said... rethinking as we post...

too many times zero tolerance and minimum sentencing and the all inclusive equal protection tend to have our judis prudence panties wadded up around the old addage that some people need killin more than others...

the commandment is after all, thou shalt not commit murder... not kill.

teeman