An Appeals Court has finally acted to overturn a gun ban USING the 2nd Amendment. The Appeals Court overturned the Wash DC gun ban and the requirements that they be kept locked up and disassembled and unloaded. Just tell a armed robber - could you what a minute until I unlock the gun drawer - assemble the gun and load it? Unh Hunh!
Remember any gun control law applies to only law-abiding citizens - bad guys don't care about gun laws.
BTW: No - I am not a hand gun owner - I do believe every person has the right to keep and bear arms as they so decide to protect themselves and their families.
It 's like when Xerxes offered to let King Leonidas and his 300 Spartans live if he turned over his arms - King Leonidas said - Molon Labe - come and get them.
Historical note: the 300 Spartans were not out there by themselves - other city-states added troops as well and bumped the numbers up to some 5,000. Still this was 5,000 against about 250,000. Although the Greek city-state Navy had an important battle as well off the coast of Thermoplyae. This was before the Big Battle at Salamis where the combined Greek navies shattered Xerxes fleet and a very successful land battle at Marathon where the Greeks lost 192 men out of some 10,000 who attacked and Xexes lost some 6,400 out of tens of thousands. Then there was the final battle at Plataea where some 40,000 combined Greeks finished off the last gasp of Xerxes.
Thus Greece was freed to become the cornerstone foundation of wisdom and culture for the birth of Rome and the rest of the Western World. Unh Hunh.
Court overturns D.C. handgun ban
In 2-1 vote, appeals court says Second Amendment is not limited to militia
NBC News and news services
Updated: 3:44 p.m. PT March 9, 2007
WASHINGTON - In the most important ruling on gun control in 70 years, a federal appeals court Friday for the first time used the Second Amendment to strike down a gun law.
In a 2-1 decision, the court overturned the District of Columbias long-standing handgun ban, rejecting the citys argument that the Second Amendment right to bear arms applied only to militias.
The majority held that the activities protected by the Second Amendment are not limited to militia service, nor is an individuals enjoyment of the right contingent on enrollment in a militia.
The ruling is a victory for Tom Palmer, a Washington resident who was once assaulted and wants a gun in the house for self-defense.
"The fact is that the criminals don't obey the law and they do have guns," he said. "It's the law-abiding citizens who are disarmed by this law."
He was one of six who went to court to challenge the city's gun law, passed as an anti-crime measure 30 years ago. It outlaws handguns or rifles except for residents with permits, mainly police or security guards.
Washington Mayor Adrian Fenty said the ruling could put more guns in the hands of young people. "I am personally deeply disappointed and quite frankly outraged by today's decision," he said. "Today's decision flies in the face of laws that have helped decrease gun violence in the District of Columbia."
Rival judicial views
The ruling revives a long fight over the 27 words of the Second Amendment: "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."
Gun control advocates argue that the phrase "well-regulated militia" means that owning a gun is a group right, subject to restriction.
But the court essentially said the right to bear arms is an individual right for private activities, including self-defense.
The districts definition of the militia is just too narrow, Judge Laurence Silberman wrote for the majority. There are too many instances of bear arms indicating private use to conclude that the drafters intended only a military sense.
That's precisely the view that the National Rifle Association has advocated for decades.
Wayne LaPierre, the NRA's executive vice president, said the decision gives the district a crack in the door to join the rest of the country in full constitutional freedom.
Judge Karen Henderson dissented, writing that the Second Amendment does not apply to the District of Columbia because it is not a state.
Silberman wrote that the Second Amendment is still subject to the same sort of reasonable restrictions that have been recognized as limiting, for instance, the First Amendment.
Such restrictions might include gun registration, firearms testing to promote public safety or restrictions on gun ownership for criminals or those deemed mentally ill.
Time for Supreme Court?
The city says it will appeal, to the U.S. Supreme Court if necessary.
The Bush administration has endorsed individual gun-ownership rights, but the Supreme Court has never settled the issue.
I think this is well positioned for review of the Supreme Court, said Jonathan Turley, a constitutional law professor at George Washington University. He said the D.C. circuit is historically influential with the Supreme Court because it often deals with constitutional questions.
You also have a very well-reasoned opinion, both in the majority and the dissent, Turley said.
If the dispute makes it to the high court, it would be the first case in nearly 70 years to address the Second Amendments scope.
Legal experts say Friday's ruling launches a huge battle.
"This is a monumental case that sets up the biggest fight over gun rights in the modern history of the United States," said expert Tom Goldstein.
New York and Chicago have similar strict gun laws. And a host of local and federal laws regulate ownership.
The U.S. Court of Appeals for the District of Columbia Circuit also threw out the districts requirement that registered firearms be kept unloaded, disassembled and under trigger lock.
Gun control groups fear that if Friday's ruling stands, it could weaken gun laws nationwide.
"You're allowing any sort of a gun law, whether it's a waiting period, a background check, you leave it open to challenge," said gun control advocate Paul Helmke.
© 2007 MSNBC InteractiveNBC's Pete Williams and The Associated Press contributed to this report.