Can you imagine that the City of Council of Washington DC passed an ordinance prohibiting the use of handguns or any firearm for “lawful” self-defense. The Federal Appeals Court correctly struck it down, but I hope that the DC Council appeals this so that this decision can pick up the weight of the Supreme Court of the United States along the way and we can start talking about this as “settled law” such as the Roe v. Waders.
By: David Nakamura and Robert Barnes Washington Post Staff Writers Saturday, March 10, 2007; Page A01
A federal appeals court ruled yesterday that the District’s longtime ban on keeping handguns in homes is unconstitutional. The 2 to 1 decision by an appellate panel outraged D.C. Mayor Adrian M. Fenty and other city leaders, who said that they will appeal and that gun-related crimes could rise if the ruling takes effect. The outcome elated opponents of strict gun controls because it knocked down one of the toughest laws in the country and vindicated their interpretation of the U.S. Constitution’s language on the right to bear arms. The panel from the U.S. Court of Appeals for the D.C. Circuit became the nation’s first federal appeals court to overturn a gun-control law by declaring that the Second Amendment grants a person the right to possess firearms. One other circuit shares that viewpoint on individual rights, but others across the country say the protection that the Second Amendment offers relates to states being able to maintain a militia. Legal experts said the conflict could lead to the first Supreme Court review of the issue in nearly 70 years.
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