Damien45
Member
Court Strikes Down Gun Ban in Nation's Capital
In case you haven't heard, the U.S. Court of Appeals in Washington, DC, ruled in early March that the 30-year old gun ban in Washington DC is unconstitutional. This is huge, because we have a U.S. Circuit Court saying that the Second Amendment is -- in fact -- an individual right. Now, many of us would say, "Of course it is." This would be right, but the media and some courts have held the position that the introductory clause of the Second Amendment ("A well regulated militia, being necessary to the security of a free state . . . ") means that the actual amendment (" . . . the right of the people to keep and bear arms shall not be infringed.") applies only to militias, which, in the eyes of the mainstream media and some courts means the National Guard.
This recent decision supports what the Fifth Circuit said in the Emerson case (that the Second Amendment is an individual right).
So, what happens now? The mayor of the District said he will continue to enforce this unconstitutional gun ban while it is appealed. This case was decided by a three-judge panel (the vote was 2-1). It may go in front of the entire court (called "en banc"), or it may be taken directly to the U.S. Supreme Court. Even if the court hears the case en banc, everyone expects the highest court to take the case, because we now have different circuit courts in direct conflict with their interpretations of this important right.
Constitutional law scholarship over the last 20 years has been almost unanimous in its support for the concept that the Second Amendment is an individual right, to the point where even noted scholar Laurence Tribe, in his book "American Constitutional Law" has changed his view with the printing of the third edition of what is the basic textbook for almost all law schools. Tribe now says that the Second Amendment is an individual right.
As expected, the whiney media is wringing its hands at this latest decision, and the Brady camp and the even more over-the-top Violence Policy Center are predicting the end of Western Civilization. In several online polls, however, with thousands of responses, the people are supporting this decision by about 90 percent!
This is a monster decision, and all parties on both sides of the issue will hold nothing back in the upcoming fight.
Tom Gresham
ALERT!!! New Assault Weapons Ban! WIDEST DISSEMINATION!!
Click here to download the pdf.
In case you haven't heard, the U.S. Court of Appeals in Washington, DC, ruled in early March that the 30-year old gun ban in Washington DC is unconstitutional. This is huge, because we have a U.S. Circuit Court saying that the Second Amendment is -- in fact -- an individual right. Now, many of us would say, "Of course it is." This would be right, but the media and some courts have held the position that the introductory clause of the Second Amendment ("A well regulated militia, being necessary to the security of a free state . . . ") means that the actual amendment (" . . . the right of the people to keep and bear arms shall not be infringed.") applies only to militias, which, in the eyes of the mainstream media and some courts means the National Guard.
This recent decision supports what the Fifth Circuit said in the Emerson case (that the Second Amendment is an individual right).
So, what happens now? The mayor of the District said he will continue to enforce this unconstitutional gun ban while it is appealed. This case was decided by a three-judge panel (the vote was 2-1). It may go in front of the entire court (called "en banc"), or it may be taken directly to the U.S. Supreme Court. Even if the court hears the case en banc, everyone expects the highest court to take the case, because we now have different circuit courts in direct conflict with their interpretations of this important right.
Constitutional law scholarship over the last 20 years has been almost unanimous in its support for the concept that the Second Amendment is an individual right, to the point where even noted scholar Laurence Tribe, in his book "American Constitutional Law" has changed his view with the printing of the third edition of what is the basic textbook for almost all law schools. Tribe now says that the Second Amendment is an individual right.
As expected, the whiney media is wringing its hands at this latest decision, and the Brady camp and the even more over-the-top Violence Policy Center are predicting the end of Western Civilization. In several online polls, however, with thousands of responses, the people are supporting this decision by about 90 percent!
This is a monster decision, and all parties on both sides of the issue will hold nothing back in the upcoming fight.
Tom Gresham
ALERT!!! New Assault Weapons Ban! WIDEST DISSEMINATION!!
Click here to download the pdf.