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have_gun

03-09-2007, 13:52

WASHINGTON — A federal appeals court on Friday overturned the District of Columbia's longstanding handgun ban, issuing a decision that will allow the city's citizens to have working firearms in their homes.

In the ruling, the U.S. Court of Appeals for the District of Columbia rejected city officials' arguments that the Second Amendment right to bear arms only applied to state militias.

In a 2-1 decision, the judges held that the activities protected by the Second Amendment "are not limited to militia service, nor is an individual's enjoyment of the right contingent upon his or her continued intermittent enrollment in the militia."

"This is a huge case," Alan Gura, the plaintiff's lead lawyer, told FOXNews.com Friday afternoon. "It's simply about whether law-abiding citizens can maintain a functioning firearm, including a handgun, inside their house."

Gura said his six clients, all Washington residents, challenged three separate District of Columbia laws: A 31-year-old law that prevents handgun registration; a law that requires rifles and shotguns to be either disassembled or disabled when being stored; and a law that requires a permit to carry a gun in your own home.

We can expect the bed-wetting Democrats to have a fit over this. This may be the path to a SCOTUS ruling on the 2nd amendment!

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

Regards,
Hank

http://www.foxnews.com/story/0,2933,258067,00.html

rubberneck

03-09-2007, 13:54

The DC circuit court just ruled that the 2nd Amendment is indeed an individual right. Maybe one of the legal beagles can weigh in on the impact of the ruling on the various gun laws across the country.

http://www.breitbart.com/news/2007/03/09/D8NOQQ480.html

A copy of the decision is on Drudge for those of you who want to look at it.

Pete

03-09-2007, 14:52

The scary thing that this was a 2-1 vote on something that should have been a 3-0.

Who sits in the White House picks the judges, if he has balls.

People, still want to sit out the next election because "your" man didn't win in the primary?

The Reaper

03-09-2007, 15:19

Who sits in the White House picks the judges, if he has balls.

The next POTUS may not, on several levels.

TR

Kyobanim

03-09-2007, 15:35

I merged these 2 threads. No sense in having 2 on the same topic.

82ndtrooper

03-09-2007, 16:58

The New York Times is already foaming at the mouth over this ruling.:rolleyes: (As if we didn't expect this kind of response)

Link here:

http://www.nytimes.com/2007/03/09/washington/09cnd-gun.html?_r=3&hp&oref=slogin&oref=slogin&oref=slogin

The Brady Bunch has already spit their gooh regarding the ruling. However I will not post a link to the Brady site. It requires a shower and good scrubbing after you read it. :boohoo

6.8SPC_DUMP

03-22-2009, 10:31

I started researching the 2nd Amendment in anticipation of Obama’s 1-3 potential Supreme Court Justus appointments and I’m not happy with what I have read so far. It seems the 2008 D.C. v. Heller Supreme Court ruling on an individual’s right to bear arms is functionally useless for law abiding private citizens unless deemed otherwise by the state they reside.

I'm hoping someone who knows better will show me that I'm wrong - but this is what I have so far.

In the case of Heller, who sued the District of Columbia because they would not allow him to even apply for a handgun permit, the Supreme Court ruling stated:

“The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.” (Page 1 of 157)

“Assuming he is not disqualified from exercising Second Amendment rights, the District must permit Heller to register his handgun and must issue him a license to carry it in the home.” (Page 3 of 157) http://www.guncite.com/Heller.pdf

The Supreme Court leaves the requirements for getting a handgun license up to the States – but ruled that it is unconstitutional for a state to have no process to license a private citizen a handgun.

But then I read this, from a separate court ruling, and it flies in the face of the D.C. vs. Heller ruling.

"The Second Amendment guarantee of the right to bear arms does not apply to override state firearms bans, the U.S. Court of Appeals for the Second Circuit declared Jan. 28. Under the incorporation doctrine, only certain provisions of the Bill of Rights apply to the states, and the Second Amendment is one of those that does not, the Second Circuit held (Maloney v. Cuomo, 2d Cir., No. 07-0581-cv, 1/28/09)."
http://lawprofessors.typepad.com/crimprof_blog/2009/02/second-circuit.html

Findlaw.com explained it by saying,

“In spite of extensive recent discussion and much legislative action with respect to regulation of the purchase, possession, and transportation of firearms, as well as proposals to substantially curtail ownership of firearms, there is no definitive resolution by the courts of just what right the Second Amendment protects. The opposing theories, perhaps oversimplified, are an ''individual rights'' thesis whereby individuals are protected in ownership, possession, and transportation, and a ''states' rights'' thesis whereby it is said the purpose of the clause is to protect the States in their authority to maintain formal, organized militia units. Whatever the Amendment may mean, it is a bar only to federal action, not extending to state or private restraints. The Supreme Court has given effect to the dependent clause of the Amendment in the only case in which it has tested a congressional enactment against the constitutional prohibition, seeming to affirm individual protection but only in the context of the maintenance of a militia or other such public force.”
http://caselaw.lp.findlaw.com/data/constitution/amendment02/

I have a hard time understanding how this is justifiable with the Supreme Court establishing:

“…the Second Amendment right is exercised individually and
belongs to all Americans.” (Page 10 of 157)

“…guarantee the individual right to possess and carry weapons in case of confrontation.”
“The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it “shall not be infringed.” (Page 19 of 157)

“…does not suggest that preserving the militia was the only reason Americans valued the ancient right; most undoubtedly thought it even more important for self-defense and hunting.” (Page 26 of 157)
http://www.guncite.com/Heller.pdf

Old thread but current topic.

armymom1228

03-22-2009, 11:03

With regard to the WH and hanguns. I would be far more worried about HR 45 that is currently in commitee than the supreme court rulings at the moment this scares the bejeezus out of me. Another knee jerk reaction that erodes our gun rights. With luck it will die in commitee, but in this 'climate' one never knows.

although this alaska sentor says it is going nowhere.. I still will continue to follow it
http://murkowski.senate.gov/public/index.cfm?FuseAction=PressOffice.OpEds&ContentRecord_id=b8c308e7-e2a0-a1fd-afc9-2e2a20771526&Region_id=&Issue_id=

here is the text of the bill
http://www.govtrack.us/congress/bill.xpd?bill=h111-45

kgoerz

03-22-2009, 12:56

The ONLY good news is the democrats learned a few years ago that the anti gun agenda looses them votes. When the Obama adminstration stated we need to reinstate the assault weapons ban, Nanacy Pelosi (a communist IMHO) even stated no we don't. BTW in the past she has had a very liberal agenda including gun control. notice in the last couple of elections the Dems have not been pounding the anti gun drum like they have in the past.

Yes, I noticed that any questions related to Gun control were conveniently absent from any of the Presidential debates. What these knuckleheads say publicly means very little these days.

greenberetTFS

03-22-2009, 13:24