Appeals Court Overturns D.C. Gun Ban
Friday, March 09, 2007

WASHINGTON — A federal appeals court overturned the District of Columbia's long-standing handgun ban Friday, rejecting the city's argument that the Second Amendment right to bear arms applied only to militias.

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."

The court also ruled the D.C. requirement that registered firearms be kept unloaded, disassembled and under trigger lock was unconstitutional.

In 2004, a lower-court judge had told six city residents that they did not have a constitutional right to own handguns. The plaintiffs include residents of high-crime neighborhoods who wanted the guns for protection.

"The district's definition of the militia is just too narrow," Judge Laurence Silberman wrote for the majority Friday. "There are too many instances of 'bear arms' indicating private use to conclude that the drafters intended only a military sense."

Judge Karen Henderson dissented, writing that the Second Amendment does not apply to the District of Columbia because it is not a state.

The Bush administration has endorsed individual gun-ownership rights, but the Supreme Court has never settled the issue.

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.

Even as the appeals court overturned the D.C. ban on most handgun ownership, 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 to provide the government with information about how many people would be armed if militia service was required, firearms testing to promote public safety or restrictions on gun ownership for criminals or those deemed mentally ill.

A spokeswoman for the district attorney general's office would not comment on the ruling.

Maybe they have finally figured out that despite DC's long history of restrictive gun laws, the city is still one of the most dangerous in the nation. It is my belief that there are not going to be any more gun laws passed anytime soon. Hurricane Katrina showed the world what could happen when there is some type of society breakdown and the local thugs run amok. Even Bill O'Reilly changed his mind about gun ownership after Katrina.

this a very BIG and SIGIFICANT victory. repeal of a long standing gun law?...in DC?
the judges ruled this way based on their interpretation (correctly) that the 2nd amendment is reserved to the individual citizen, not a militia. then the moron mayor ran straight to the press promising an appeal. if it's appealed on the individual vs. militia argument to the supreme court, the matter will be settled once and for all. hopefully our way
president bush's 2 recent SC nominations may be the difference, here.

This is excellent news, but it won't change the vigor with which the anti's will continue to defy logic and fact in their effort to deny the world's people their God given right of self preservation. Don't think for a minute the fight is over, it begins anew each day. But, let's celebrate this victory for what it is. I too am confident that this will withstand apeal as the court is currently constitution friendly, thanks in great measure to George W. He's done some things I don't agree with but his appointees have been honorable.

The people of New Orleans are still fighting to get their legal firearms back that were confiscated by the officials there in the aftermath of Katrina.

Fight the good fight, NRA.

I had heard that with the large number of US States that have brought in Concealed Carry Permits (and hence enjoyed the corresponding massive drop in crime rates) that much of the sting had gone out of the US anti-gun forces. Even rumours that many former antis had now admitted they were wrong.
Has this occurred is it just wishfull thinking? (These are the stories that don't get properly reported in the press)

Don't ever let your guard down, the anti's are always on the prowl. Just look at H. R. 1022 that has been recently introduced in congress by the Dem's. I had read a reply to a legislative post on another forum where the guy had let his NRA membership lapse 'cause he thought the heat was off, but he was now going to renew upon hearing of 1022. The heat is never off, that few dollars goes miles for your rights.

Shoot on, Rod.