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Friday, 09 March 2007
Court rules 2nd Amendment valid

Appeals Court Strikes Down Washington, D.C. Handgun Ban

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.

District of Columbia Mayor Adrian Fenty told reporters Friday afternoon that the District will appeal the ruling.

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."

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Second Amendment victory in D.C.
Michelle Malkin

Big news, in case you haven't already seen: Appeals court overturns D.C. gun ban.

According to the majority opinion, "[T]he phrase 'the right of the people,' when read intratextually and in light of Supreme Court precedent, leads us to conclude that the right in question is individual."

"If the dispute makes it to the high court, it would be the first case in nearly 70 years to address the Second Amendment's scope."

Howard Bashman and Glenn Reynolds have the ruling covered, with analysis, document links, and blog reactions.

Ace wonders whether Rudy Giuliani's position on gun control is moot. Allah answers:

...if the Supreme Court grants cert. If they don’t, it makes Rudy’s position even more important because other circuits are going to see gun-control challenges now that point to this decision. There’ll be probably be a split, but the split may not materialize until 2009. In which case it matters a whole lot what the next president thinks about the SA.

The Second Amendment Foundation reacts to the ruling, calling it a "landmark for liberty:"

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Allahpundit: D.C. Circuit rules Second Amendment grants individual right to bear arms; Update: SC may decide in June 2008

Glenn Reynolds: D.C. CIRCUIT STRIKES DOWN DISTRICT OF COLUMBIA GUN CONTROL LAW

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Read Lorie Byrd's take here.

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Patterico: Second Amendment Awakens

Daffyd comments at length here.

Posted by Bill Faith on March 9, 2007 at 04:27 PM in 2nd Amendment, Judicial Wisdom | Permalink

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