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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: ArrogantBustard

You'll see "it was dropping anyway" or something like that.


81 posted on 03/09/2007 8:39:50 AM PST by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
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To: Edgerunner

That's why I specified MARYLAND ... the thugs would be well advised to avoid the lovely Commonwealth of Virginia.


82 posted on 03/09/2007 8:40:32 AM PST by ArrogantBustard (Western Civilisation is aborting, buggering, and contracepting itself out of existence.)
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To: cryptical
AWESOME!!!

Will this now go to the SCOTUS? I gotta say, I love our chances. I just hope Kennedy doesn't look to the UN or other foreign governments for guidance!

83 posted on 03/09/2007 8:40:40 AM PST by KoRn (FRED THOMPSON FOR PRESIDENT!)
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To: basil; All

Here's the decision. Go to page #4. "WE REVERSE" is hugh!

http://pacer.cadc.uscourts.gov/docs/common/opinions/200703/04-7041a.pdf


84 posted on 03/09/2007 8:41:28 AM PST by azhenfud (The fool hath said in his heart, There is no God.)
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To: Pyro7480; Dead Corpse; Yo-Yo

With all my might, I'm hoping that y'all are correct!


85 posted on 03/09/2007 8:41:38 AM PST by basil (Exercise your Second Amendment rights--buy another gun today.)
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To: cryptical
Its more than ground-breaking. Its mean EVERY gun control law that inhibits or prevents people from exercising their right of self-defense is on its face, unconstitutional. Every gun control law would have to meet the same kind of standard that laws affecting freedom of speech must and under such a standard very few of the 30,000 laws on the books could pass constitutional muster. So if a total ban on handguns is unconstitutional, I think even less restrictive laws fail that test if they in any way impair an individual's fundamental right to self-defense. So the U.S Supreme Court may finally have to adress just how broad the scope of the Second Amendment is and my view its very broad with respect to that individual right it enshrines - not just for the residents of DC but for ALL Americans.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

86 posted on 03/09/2007 8:41:44 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: from occupied ga

Well, he has joined the NRA since then.


87 posted on 03/09/2007 8:41:52 AM PST by NeoCaveman (Hillary Hugo Chavez wants to "take those profits" away from you, for the common good)
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To: cryptical

Hope it stands up on appeal. Given the history of that circuit, it probably will not.

http://www.youtube.com/watch?v=j73SsNFgBO4


88 posted on 03/09/2007 8:41:54 AM PST by Dick Bachert
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To: ArrogantBustard
I predict exploding heads in the Washington comPost editorial offices ...

The same comPost that once published anti-gun editorials for 190+ days in a row.

89 posted on 03/09/2007 8:42:15 AM PST by from occupied ga (Your most dangerous enemy is your own government)
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To: cryptical; Joe Brower; traviskicks; Admin Moderator; Sidebar Moderator

If this is indeed true, I think this belongs in the Breaking News sidebar.


90 posted on 03/09/2007 8:42:17 AM PST by jmc813 (Rudy Giuliani as the Republican nominee is like Martin Luther being Pope.)
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To: basil
"HOLD EVERYTHING!

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."

I'm sure you're right.

That's just impossible in D.C. or anywhere else in the 'Land of the Flee and the Home of the Blame'.

91 posted on 03/09/2007 8:42:33 AM PST by GourmetDan
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To: NeoCaveman
Well, he has joined the NRA since then.

Oh well that means he's solidly pro-gun now LOL

92 posted on 03/09/2007 8:44:54 AM PST by from occupied ga (Your most dangerous enemy is your own government)
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To: All
Here's a link to a pdf of the Ruling.
93 posted on 03/09/2007 8:45:04 AM PST by Dead Corpse (What would a free man do?)
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To: Dead Corpse
The Bill Of Rights is only illustrative. It contains a limited number of examples but the Tenth Amendment makes it clear the people retain their rights regardless of whether or not they are included in the Nine listed in the Constitution.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

94 posted on 03/09/2007 8:45:30 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: cryptical

Bttt!


95 posted on 03/09/2007 8:45:43 AM PST by Inyo-Mono (If you don't want people to get your goat, don't tell them where it's tied.)
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To: goldstategop

This puts the practice of Police Departments deciding who can get a gun on par with Police Departments deciding what is fit to print.


96 posted on 03/09/2007 8:47:52 AM PST by AU72
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To: cryptical
PDF of the ruling has been posted here! This is unbelievable!
97 posted on 03/09/2007 8:48:24 AM PST by jmc813 (Rudy Giuliani as the Republican nominee is like Martin Luther being Pope.)
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To: dcwusmc

Yo! Check this out!


98 posted on 03/09/2007 8:49:35 AM PST by jmc813 (Rudy Giuliani as the Republican nominee is like Martin Luther being Pope.)
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To: basil
Reading the pdf now. Got a meeting from 11 to 12, but I'll drop it to my laptop and read it there if I have too...

Looks good so far. I'm about 10 pages in on a 75 page document.

99 posted on 03/09/2007 8:49:39 AM PST by Dead Corpse (What would a free man do?)
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To: domenad

No the 5th circuit ruled the same a while ago. The DC Circut is unusual in that the legal community considers it the SCOTUS jr.


100 posted on 03/09/2007 8:49:44 AM PST by Colorado Mike (Lord, help me be the Conservative my enemies think I am.)
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