home

D.C. Appeals Court Refuses En Banc Review of Second Amendment Case

Via How Appealing (which has the order posted here), the D.C. Court of Appeals has refused to review en banc the decision a panel of judges issued in March finding that the Second Amendment conveys an individual right to bear arms.

The appeals court decision had struck down the District of Columbia's ban on handguns. That opinion is here (pdf).

I agree this means it's more likely the U.S. Supreme Court will take up the issue.

More at Scotusblog; Volokh; Cato Institute.

< LA Police Disciplined After May Immigration March | Memo to Florida: Pay Crotzer >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


  • Display: Sort:
    I too am in the (5.00 / 1) (#2)
    by Deconstructionist on Tue May 08, 2007 at 07:58:14 PM EST
    it confers an individual right but should be amended/repealed camp.

      I think the "collective right" doctrine is based on ahistorical and grammatically indefeinsible grounds, but I do believe the government should have the powert to infringe upon the right to bear arms because it is bad policy to allow as free as access to guns as we do.

    2/3 of each House, + 3/4 of State Legislatures. (none / 0) (#3)
    by Ben Masel on Tue May 08, 2007 at 11:55:39 PM EST
    Have fun with
    ID, MT, WY, UT, NV, ND, SD, NE, CO, AZ, NM, OK, KS, MO, WI, MI, WV, ME, VT, NH.

    I haven't yet touched the Confederacy.

    Parent

    Startling to read recently that Lawrence Tribe (none / 0) (#1)
    by oculus on Tue May 08, 2007 at 07:02:25 PM EST
    has changed his mind to this position.  

    I didn't say... (none / 0) (#4)
    by Deconstructionist on Wed May 09, 2007 at 07:36:44 AM EST
      I think it will happen. I said it is my position. Sometimes I am in the political minority.

      My point, maybe not well stated, is that when I am in the political minority, I still don't approve of distorting the Constitution to allow my position to prevail against the political majority. Rather I believe in being honest about what the Constitution means and either working to change the political majority so that the Constitution may be amended through political processes  or accepting that its current state does not support my policy preferences..

    The Constitution (none / 0) (#5)
    by biggrat on Wed May 09, 2007 at 02:40:00 PM EST
    defines the term "militia".

    Many in this forum make much of sticking to the Constituion. That worthy document addresses the question of "What is a Militia", and therefore what militia is addressed in the 2nd Amendment.  "What is a militia" is defined in the constitution.  All other materials should defer to that definition, shouldn't they?

    Article 1, Section 8 gives Congress the power to "provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the service of the United States", while "reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;"

    Article 2, Section 2 places the militia under the command of the President of the United States.

    The founders clearly intended for Congress to organize, arm and "discipline" the militia, and gave states the right and obligation to train the militia and name its officers. This is not an armed band awaiting the call to duty, and it is clearly intended to be under the control of either the Congress or representatives of the respective states from which the militia is drawn. The intent is clearly for the militia to be trained by the states and when called up to be under the command of the President.

    The right to keep and bear arms looks like a collective right given to the states, not to me and thee individually.

    It's hard to argue that this is an individual right, when the Founders have defined militia as they have done.  Unless of course, you don't like the Constitutions definition.  Then you'll start quoting the US Code or try to say that the phrasing of the 2nd Amendment is fuzzy, ignoring the definition provided previously in the main body of the Constitution--of which the Bill of Rights is an addendum.