Monday, May 21, 2007

Full Court Upholds Ruling Against DC Gun Ban!

Been busy lately, but had to post this one.

Remember the earlier blog where I discuss the DC Appeals court ruling on the DC gun ban. This landmark decision struck down the ban and ruled that the 2nd Amendment is an individual right. The city of Washington DC appealed this ruling to the full Court.

On May 11, the full court DECLINED to review this case. This means that the original panel ruling will stand! This is quite frankly a great day for America as the 2nd Amendment has once again been affirmed by the second highest court in the land.

At this point, if the city wishes to appeal, their only option is the U.S. Supreme Court. Apparently they have 90 days to petition the Court. If they do petition the Court, it will be very interesting to see what happens next. If the Court hears the case, it will be the first true Second Amendment case before the U.S. Supreme Court in decades. Alternately they could decline to hear the case and let the lower court ruling stand.

This one bears careful watching! Until next time!

1 comment:

weatherman said...

Just a note. We will see and hear from time to time the idea that the constitutions 2nd amendment is for state run militias only.

This interpretation is born out of poor research if not down right purposeful misinformation.

The Federalist Papers, written by the guys who where there at the time, make it clear that citizen bodies of armed men could muster in times of need. Examples of need are discussed.

The point is they were to be armed from their personal store whatever that may be, but certainly privately owned weapons kept in their domicile was the idea.

The ability of the citizenry to muster and arm outside of any federal or state muster is the example. This is the "keep and bare" provision and has nothing to do with sanding armies state or federal.

In fact the example of an armed citizenry mustering to defend itself against a federal despot sending federal troops against them is used by Madison in the papers.

The second amendment is the citizens amendment and has nothing to do with state or federal powers to muster armies. The term militia is used in its most basic terms, a citizens muster.