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High Court Targets D.C. Gun Ban
The Washington Times ^ | March 18, 2008 | Gary Emerling

Posted on 03/18/2008 7:17:38 PM PDT by kellynla

The fate of the District's 32-year-old ban on handguns — along with the potential validity of other firearm laws across the country — now rests in the hands of the U.S. Supreme Court after justices this morning questioned the constitutionality of the city's stringent gun statutes.

"The court asked a lot of very insightful and interesting questions," said Alan Gura, a lawyer who argued before the nine justices in favor of upholding a lower-court decision that overturned the ban. "We feel very good about how the argument went and look forward to this case being resolved."

The case — District of Columbia v. Heller — is the first time in roughly 70 years that the country's highest court has considered the Second Amendment of the Constitution, and whether it establishes an individual's right to own firearms or only permits their possession by persons associated with a state-regulated militia.

The legal arguments touched on everything from the specific phrasing of the 27-word Second Amendment to the historical context of its adoption and whether or not the District's laws — which prevent most residents from legally keeping handguns in the city and requiring other firearms to be stored bound and disassembled — are "reasonable" restrictions under the Constitution.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Extended News; Government; US: District of Columbia
KEYWORDS: banglist; guns; heller; parker; righttobeararms; scotus; supremes
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To: Atchafalaya
I have seen more video of Bin Laden than Ruth Bader Ginsberg in the last 5 years. Is either one still alive?
21 posted on 03/18/2008 8:58:39 PM PDT by OCC
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To: OCC

I think Bin Laden is; Ginsberg has reportedly been seen with that Bernie dude.


22 posted on 03/18/2008 9:04:40 PM PDT by Atchafalaya
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To: Clump
Clump said: But here, he [Kennedy] stated that he considered the "operative clause" to remain separate from a militia purpose.

Kennedy actual came very close to articulating a thought that I have had concerning the fact that the actions of a "well-regulated Militia" are really just the plural of individual self-defense.

If an individual finds himself in an isolated place and is beset by attackers, then that individual exercises his right to self-defense. If it is two people being attacked, then they exercise their individual rights to self-defense.

But at some point, the various individuals recognize that they must coordinate their activities to accomplish the end of protecting all of them. At that point, they are exercising their right to act as a "well-regulated Militia".

It's a continuum without sharp boundaries but it is the consequence of the inalienable right to self-defense.

23 posted on 03/18/2008 10:20:17 PM PDT by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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To: OCC

They showed the official photo of the justice who was speaking and headshots of the attorneys. And BTW, the pro gun side also had no problem with gun licensing.


24 posted on 03/19/2008 4:20:47 AM PDT by Hacklehead (Crush the liberals, see them driven before you, and hear the lamentation of the hippies.)
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To: William Tell
the actions of a "well-regulated Militia" are really just the plural of individual self-defense.

I think that's exactly the case. It would be great if some language to that effect ends up in the majority opinion.

25 posted on 03/19/2008 8:52:27 AM PDT by Ramius (Personally, I give us... one chance in three. More tea?)
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