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D.C. Circuit panel holds that the District of Columbia's gun control laws violate Second Amendment
How Appealing ^ | 9 March 2007 | Howard Bashman

Posted on 03/09/2007 1:04:59 PM PST by RKV

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Link to opinion: http://pacer.cadc.uscourts.gov/docs/common/opinions/200703/04-7041a.pdf
1 posted on 03/09/2007 1:05:04 PM PST by RKV
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To: RKV

Already posted in breaking news.


2 posted on 03/09/2007 1:05:58 PM PST by coloradan (Failing to protect the liberties of your enemies establishes precedents that will reach to yourself.)
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To: RKV

I have a feeling this will be posted even more than the death of Captain America.

(not that that's a bad thing)


3 posted on 03/09/2007 1:06:20 PM PST by Rakkasan1 ((Illegal immigrants are just undocumented friends you haven't met yet!))
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To: RKV

Please find a poll regarding the DC Gun Ban at the below link. This is a Washington, DC media outlet, and it would be great if the response was an overwhelming "yes".

Please vote and cross-post to your other message boards and networks.

More information on today's DC Court ruling will appear in tonight's Grassroots Alert. Stay tuned.

http://www.wtopnews.com/


4 posted on 03/09/2007 1:07:20 PM PST by Vaquero ("An armed society is a polite society" Robert A. Heinlein)
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To: coloradan

Well, I admit to be so pumped about the court's ruling I didn't look around. ;>)


5 posted on 03/09/2007 1:07:27 PM PST by RKV ( He who has the guns, makes the rules.)
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To: coloradan
Already posted in breaking news.

You're correct, although it is nice to see every time I hit refresh...

5.56mm

6 posted on 03/09/2007 1:08:02 PM PST by M Kehoe
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To: RKV
Doesn't the Bill of Rights extend to all Americans, whether or not they reside in a state? Should people in Washington D.C. not have the freedom of speech? (rhetorical).

Though that brings up a question (yet another one): are the rights in the Constitution which don't specifically refer to people in the states applicable to territorial born Americans in the American territories/commonwealths?

7 posted on 03/09/2007 1:10:13 PM PST by Jedi Master Pikachu ( What is your take on Acts 15:20 (abstaining from blood) about eating meat? Could you freepmail?)
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To: RKV

I'm pumped too.


8 posted on 03/09/2007 1:10:33 PM PST by coloradan (Failing to protect the liberties of your enemies establishes precedents that will reach to yourself.)
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To: M Kehoe

Guys, this isn't over by any means. One or two circuit court rulings (e.g. the 5th's on Emerson) ain't anywhere near enough. We just can't depend on the court to do its job (however much an individual rights interpretation would seem self evident). The only way to really kill this stuff is to repeal gun laws.


9 posted on 03/09/2007 1:11:24 PM PST by RKV ( He who has the guns, makes the rules.)
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To: RKV
And pumped we should all be. Cheers to Judge Laurence Silberman. The 2nd Amendment is an individual right as are all the other Amendments. There would be no need for an amendment to protect the military.
10 posted on 03/09/2007 1:11:27 PM PST by Eric in the Ozarks (BTUs are my Beat.)
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To: RKV
Here goes again...
The Constitution is an agreement between the States.
D.C. is not a State - it is a terrorty that the US legislature has exclusive legislative jurisdiction over. Unless specifically called out, the Constitution does not apply to D.C.

(ducking for cover)
11 posted on 03/09/2007 1:12:29 PM PST by GrandEagle
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To: Jedi Master Pikachu

Actually the current state of the court is that the Bill of Rights only partially extends to all Americans. It ain't right, and seems pretty contrary to the 14th Amendment to me, but "partial incorporation" is the way the court operated in this latter day.


12 posted on 03/09/2007 1:13:08 PM PST by RKV ( He who has the guns, makes the rules.)
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To: Eric in the Ozarks

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

Here is the website with the great opinion. Its on its way to SCOTUS where I bet it is affirmed!!!


13 posted on 03/09/2007 1:14:21 PM PST by achingtobe
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To: achingtobe

Doesn't necesarily go to the Supremes. There could be an en banc ruling by the circuit court.


14 posted on 03/09/2007 1:15:56 PM PST by RKV ( He who has the guns, makes the rules.)
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To: RKV

"The People" in the US Constitution means exactly what it says. The "people". It means the same throughout the Constitution. The "Bill of Rights" does not give "the people" rights, it denys the Government the ability to deny "the people" those "rights" given to us by the Creator.


15 posted on 03/09/2007 1:16:21 PM PST by hophead ("Enjoy Every Sandwich")
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To: RKV

Will be ignored by DC pols.


16 posted on 03/09/2007 1:18:15 PM PST by pabianice (LLY)
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To: RKV
Guys, this isn't over by any means.

You are correct, although it's a good start.

5.56mm

17 posted on 03/09/2007 1:18:21 PM PST by M Kehoe
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To: RKV

NRA statement:

D.C. Circuit Court Hands Down Significant Victory for Individual Second Amendment Rights!

Friday, March 09, 2007

Fairfax, VA- The District of Columbia Circuit Court today affirmed that the Second Amendment of the Constitution protects an inherent, individual right to bear arms. Today’s ruling should have a positive impact on the current D.C. gun ban, the National Rifle Association is fighting to overcome.


The majority opinion of the court states, "[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: The D.C. Circuit Court went further in upholding individual freedoms, rejecting the claim that the Second Amendment does not apply to the District because it is not a State.

The D.C. City Council is expected to appeal the ruling.


18 posted on 03/09/2007 1:19:07 PM PST by angkor
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To: RKV

"We just can't depend on the court to do its job"

If this gets to the SCOTUS it will be the first time in I think 70 years a case like this has been before the court.


19 posted on 03/09/2007 1:20:35 PM PST by hophead ("Enjoy Every Sandwich")
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To: M Kehoe

I can definitely think of worse starts... like losing the ruling.


20 posted on 03/09/2007 1:23:27 PM PST by RKV ( He who has the guns, makes the rules.)
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