D.C. Circuit Court Hands Down Significant Victory for Individual Second Amendment Rights!

Friday, March 09, 2007

Fairfax, VA- The District of Columbia Circuit Court today affirmed that the Second Amendment of the Constitution protects an inherent, individual right to bear arms. Today’s ruling should have a positive impact on the current D.C. gun ban, the National Rifle Association is fighting to overcome.

The majority opinion of the court states, "[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." The majority opinion sums up its holding on this point as follows: The D.C. Circuit Court went further in upholding individual freedoms, rejecting the claim that the Second Amendment does not apply to the District because it is not a State.

The D.C. City Council is expected to appeal the ruling.
View the court's majority opinion here

-NRA-

Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen's group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the military.

http://www.nraila.org/News/Read/News...s.aspx?ID=9044

"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." - 2nd Amendment, Constitution of the United States of America


The rights of the people mean just that. The rights of the people. Not the State, not the Militia, and not the Federal Government. It means "WE THHE PEOPLE"!

Maybe America isn't as screwed as I think it is. This case is just a small victory. But is sets a fact in the gun banners' haven that the people have the right to keep and bear arms.

If this case goes to SCOTUS. Three things can happen.

1. SCOTUS refuses to hear the case and it becomes case law.
2. SCOTUS hears the case and agrees and the right to the people top keep and bear arms become supreme law of the land.
3. SCOTUS hears and disagrees and the right of the people to keep and bear arms in outlawed.

If one or two happen. I'm happy as a hound dog. If three happens, the tree of liberty shall be water with the blood of patriots.

I see either one or two happening for two reasons.

1. SCOTUS might not want to get involved for politcal reasons
2. SCOTUS will end in a 5-4 vote in favor of the 2nd Amendment because they way it is stacked right now.

In the end, this is but a small victory in the war for the right of the people.

I do not believe the USSC will jump into the fray if the D.C. Court appeals the ruling. Washington D.C. is not a State, and the US Congress has the sole authority in the US Constitution to exercise exclusive legislation in all cases whatsoever in regards to the District of Colombia, as I pointed out in my post here Gun Control bill that I support! No I'm not crazy...

I'm very glad that the Federal Court took the time to uphold the US Constitution instead of just taking the easy way out.