Saturday, March 10, 2007

Court strikes down D.C. ban on guns

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

For years, the anti-gun lobby has claimed that the Second Amenedment, does not guarantee an individual's right to keep a fire arm. Now a Federal Court has decided that in fact, the Second Amendment does indeed make that guarentee.

"A federal appeals court yesterday struck down the District's 30-year-old gun ban, ruling that the right to bear arms as guaranteed in the Second Amendment applies to individuals and not only to militias.

"The Second Amendment would be an inexplicable aberration if it were not read to protect individual rights as well," the 58-page ruling said.

The 2-1 decision by a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit overturned a 2004 lower-court decision against six D.C. residents who filed suit to keep guns for self-protection.

"The District insists that the phrase 'keep and bear arms' should be read as purely military language, and thus indicative of a civic, rather than private, guarantee," the ruling said. "The term 'bear arms' is obviously susceptible to a military construction. But it is not accurate to construe it exclusively so." "


In her dissent, Judge Karen LeCraft Henderson argued that the Second Amendment does not apply to DC, because it is not a state. By her reasoning then, the rest of the Constitution does not apply either. Think about the ramifications of that! - Sailor

PDF of Ruling

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