The Federal Appeals Court today struck down the ban. A copy of the decision can be found here. Remember you read it here first.
The first paragraph in the decision says it all: "Appellants contest the district court's dismissal of their complaint alleging that the District of Columbia's gun control laws violate their Second Amendment rights. The court held that the Second Amendment . . . does not bestow any rights on individuals except, perhaps, when an individual serves in an organized militia such as today's National Guard. We reverse." Also interesting (p. 57): the court clearly recognizes that restrictions are unconstitutional when they prevent guns from being used in self-defense. The Appeals court granted summary judgement for the plaintiffs.
In the dissent, I wonder if the Judge understands that her decision (p. 3) implies that people should be able to own machine guns. They are surely weapons used in militias.
I have no doubt that this is going to the US Supreme Court. There is significant disagreement across the circuit courts that I think there is no doubt that the Supreme Court will grant cert. This is actually a very high risk gamble. IF the gun ban is struck down, it will have major implications. If not, no gun regulation will be deemed "unreasonable."
UPDATE: Fox News has posted a useful discussion here
The first paragraph in the decision says it all: "Appellants contest the district court's dismissal of their complaint alleging that the District of Columbia's gun control laws violate their Second Amendment rights. The court held that the Second Amendment . . . does not bestow any rights on individuals except, perhaps, when an individual serves in an organized militia such as today's National Guard. We reverse." Also interesting (p. 57): the court clearly recognizes that restrictions are unconstitutional when they prevent guns from being used in self-defense. The Appeals court granted summary judgement for the plaintiffs.
In the dissent, I wonder if the Judge understands that her decision (p. 3) implies that people should be able to own machine guns. They are surely weapons used in militias.
I have no doubt that this is going to the US Supreme Court. There is significant disagreement across the circuit courts that I think there is no doubt that the Supreme Court will grant cert. This is actually a very high risk gamble. IF the gun ban is struck down, it will have major implications. If not, no gun regulation will be deemed "unreasonable."
UPDATE: Fox News has posted a useful discussion here
DC Gun Ban Struck Down
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