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DC circuit court finds 2nd amendment individual right *not* dependent on actual membership in “well-regulated militia” March 9, 2007

Posted by daveintexas in Current Events.

This is huge.  As ace points out, likely gonna wind up in the Supreme Court.

Bring it on.

The case was a challenge to 3 DC gun restriction laws, and the ruling invalidates them all. 

Ruled unconstitutional:  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.

I never could understand why anti-gun people couldn’t comprehend that in 1776, guys like me were the militia.

Two key paragraphs in the 2-1 decision.

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).

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.

A correct interpretation of the intent of the 2nd Amendment.  Good for them.  The dissenting judge argued the 2nd didn’t apply because DC isn’t a state.  Which is a pretty lame argument.



1. Barb the Evil Genius - March 9, 2007

This sounds promising. Dave, I think anti-gun people argue the militia thing because they’re grasping at straws. Guns are big and scary and if we just close our eyes and click our heels together three times, we can make them go away. Either that, or they want to get rid of individual gun ownership so they can launch their insidious socialist programs.

2. daveintexas - March 9, 2007

Thanks to the founding fathers as we so lovingly refer to them, and a 150 years of non interference, there are so many friggin guns out in the hands of Americans now that you’ll never get that genie back in the bottle.

We keep pushing. Dear goodness I remember 20 years ago after Reagan was shot the anti-gun goofs thought they were going to turn the tide.

Screw em, they were wrong. Thank you NRA.

3. Veeshir - March 13, 2007

Did you see the dissent?
It’s absolutely funny. First off, those nasty other judges have added even more stuff to read when making a decision. “..another fifty-plus pages to the pile” from P 59, P1 of the dissent.

The judge also claimed that, since DC isn’t a state, the 2nd Amendment doesn’t apply there.
and I quote from P 6 of the dissent, “I believe that, under Miller, the District is inescapably excluded from the Second Amendment because it is not a State.”

Does that mean that the entire Constitution doesn’t apply there?
The contortions of the banners can be pretty scary.

4. Veeshir - March 13, 2007

Ooops, I guess I missed the part where you mentioned the non-state interpretation.

5. Vasya - April 1, 2007

preved ot slesarya Vasi

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