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Federal Court overturns DC handgun Ban

Discussion in 'Uncategorized Threads' started by porky, Mar 9, 2007.

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  1. porky

    porky TS Member

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    Federal court overturns D.C. handgun ban
    2-1 ruling says Second Amendment is not limited to 'militia' needs
    Updated: 1 hour, 8 minutes ago
    WASHINGTON - The District of Columbia's long-standing ban on handguns was overturned Friday by a federal appeals court, which rejected the city's argument that the Second Amendment right to bear arms applies only to militias, not individuals.

    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."

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

    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.
    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.
     
  2. SShooterZ

    SShooterZ Member

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    Wow, no comments on this one... This could be HUGE for gunowners.
     
  3. GunDr

    GunDr Well-Known Member

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    Will New York be next? Oh I bet the U.s. Supreme Court will be hearing this.
     
  4. ccw1911

    ccw1911 Member

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    Great news, but, when and if it goes to the Supreme's we have no guarantee how they will rule. I know how they should rule but...........
     
  5. antique

    antique TS Member

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    The supreme will never here the case. Jim
     
  6. Brian in Oregon

    Brian in Oregon Well-Known Member

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    You better believe Sarah and tribe will be gearing up to fight this. All the marbles are going to be on the table.<br>
    <br>
    I hope the Fudds get behind this, instead of letting the rest of us do their Second Amendment fighting for them.
     
  7. Boxer

    Boxer TS Member

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    I can only hope someone takes on Daley and Blago now..... be nice to see them get bitch slapped
     
  8. Beancounter

    Beancounter TS Member

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    The time could not be better. We have no idea who might be the pres in two years. The next one might put activist judges on the court. This is the best chance we have to get a good story in front of the high court. Sadly, as noted by the dissenting judge, DC may not count as it is not a state. Talk about ducking a question - but this is what our courts and governments are good at.
     
  9. Hap MecTweaks

    Hap MecTweaks Well-Known Member

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    Washington D.C may not be a state, does that also mean the city doesn't have to abide by or recognize the Constitution? Hap
     
  10. Brian in Oregon

    Brian in Oregon Well-Known Member

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    But...but...but... the liberals whined that DC residents didn't have the "right" to be represented by congressmen, so they passed an unconstitutional law allowing that. If the liberals try to claim that DC residents does not count as a state, then remind them about this.
     
  11. ou.3200

    ou.3200 Well-Known Member

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    I think that the first route of challenge to the ruling by the three judge panel of the appeals court will be a request for all 12 judges of the appeal court to review it. If the ruling is affirmed by the 12 judges it will then go to the Supreme Court for consideration. As I understand it if the Supreme Court refuses to hear it the ruling stands. Any attorneys out there who can comment on this.

    At any rate this is great news. It could be the case that will settle the issue and make it difficult for governments to limit the right to own firearms.
     
  12. recurvyarcher

    recurvyarcher Well-Known Member

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    Brian, are you talking about the statehood-green party -vs- HR Bill 5388? If not, can you elaborate? I'm in learning mode...
     
  13. ronbo142

    ronbo142 TS Member

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    If you drive around Northern VA you see D.C. Tags that say "Taxation without Representation" sounds like the tree hugging liberals want it both ways. Only want those amendments that he or she likes not the whole thing.

    D.C. was never intended by the founding fathers to be a state but a seat of government.

    Ronbo
     
  14. Old Cowboy

    Old Cowboy Active Member

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    GOOD news !!

    John C. Saubak
     
  15. recurvyarcher

    recurvyarcher Well-Known Member

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    Ronbo, the Virginia portion was given back to Virginia in 1846, but the Maryland portion was not. DC is much larger in size than is needed to run the federal government. There are a lot of residential areas in DC that are not near downtown. Those areas could be given Maryland voting status while still maintaining the downtown portion as a territory.

    Even though I don't agree with the way that I think that most of DC residents would vote, as I am a Republican, I still think the residents should have the right to govern themselves and spend their tax dollars as they see fit, and they should have full voting representation in the House and the Senate. They are, after all, citizens just like us.

    DC might even experience some re-gentrification if the more affluent and politcally active home buyer knew that they would have more of a say in the way they were governed.
     
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