DC Gun Ban - OVERTURNED!!! - cross post but important [Archive] - Glock Talk

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iiibbb
03-09-2007, 10:40
Developing...

I see nothing in a major news thread yet, but

http://howappealing.law.com/

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

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.

vafish
03-09-2007, 14:56
WTOP has it on their web site.

http://www.wtopnews.com/?nid=25&sid=1083473

And the court decision:

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

Some please check the thermostat in Hades.

Sporwick
03-09-2007, 15:20
It was in the Washington Post today as well. If only we could get MD to loosen up as well...I would be a happy camper indeed.

We shall see where this goes but it is certainly good news.

JMag
03-09-2007, 15:36
About dang time!

Hopefully, all will go well and the violent crime rate in D.C. will go down...with the perps.



:thumbsup:

Fungunner
03-09-2007, 17:03
I guess DC citizens will be going to all the gun shops in DC and there will be standing room only.... Oh, wait

Would DC residents be given some sort of special dispensation for going to MD or VA to legally buy their firearms, or will they just buy them off the streets?

vafish
03-09-2007, 19:31
Originally posted by Fungunner
I guess DC citizens will be going to all the gun shops in DC and there will be standing room only.... Oh, wait

Would DC residents be given some sort of special dispensation for going to MD or VA to legally buy their firearms, or will they just buy them off the streets?

Supposedly in 2001 there were 12 FFL dealers in the District of Columbia.

http://www.lcav.org/states/washingtondc.asp

Blitzer
03-10-2007, 00:22
JAMBOG
http://www.glocktalk.com/showthread.php?s=&threadid=668212&perpage=40&highlight=&pagenumber=1

JMag
03-10-2007, 00:50
Originally posted by Blitzer
JAMBOG
http://www.glocktalk.com/showthread.php?s=&threadid=668212&perpage=40&highlight=&pagenumber=1

"DC Gun Ban - OVERTURNED!!! - cross post but important" from top of OP's post.

:wavey:

TheEggman
03-10-2007, 11:37
Originally posted by Fungunner
I guess DC citizens will be going to all the gun shops in DC and there will be standing room only.... Oh, wait

Would DC residents be given some sort of special dispensation for going to MD or VA to legally buy their firearms, or will they just buy them off the streets?

So how long will the lines be when the first gun store opens in the District?

Rumor has it that 'those in the loop' are already discussing the concept of 'you will have to buy your guns from the City,' which will own the only Gun Store. They will sell ONLY specific, 'approved' firearms.

This would be similar to some states, VA for example, where the State owns and staffs all of the Liquor Stores.


That's why we can't get complacent, and have to look at this as a 'Baby Step' in the direction of freedom.

Keep up the E-mails and phone calls - both thanking those responsible, and letting those opposed know the error of their ways.