Second Amendment, Really Is The Right To Keep And Bear Arms

March 9, 2007 | By Sniper One |

Who would of thought… the right to bear arms really is the right to bear arms.

BREAKING NEWS — Divided three-judge D.C. Circuit panel holds that the District of Columbia’s gun control laws violate individuals’ Second Amendment rights: You can access today’s lengthy D.C. Circuit ruling at this link.

According to the majority opinion, “[T]he phrase ‘the right of the people,’ when read intratextually and in light of Supreme Court precedent, leads us to conclude that the right in question is individual.” The majority opinion sums up its holding on this point as follows:

To summarize, we conclude that the Second Amendment protects an individual right to keep and bear arms. That right existed prior to the formation of the new government under the Constitution and was premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad). In addition, the right to keep and bear arms had the important and salutary civic purpose of helping to preserve the citizen militia. The civic purpose was also a political expedient for the Federalists in the First Congress as it served, in part, to placate their Antifederalist opponents. The individual right facilitated militia service by ensuring that citizens would not be barred from keeping the arms they would need when called forth for militia duty. Despite the importance of the Second Amendment’s civic purpose, however, the activities it protects are not limited to militia service, nor is an individual’s enjoyment of the right contingent upon his or her continued or intermittent enrollment in the militia.

The majority opinion also rejects the argument that the Second Amendment does not apply to the District of Columbia because it is not a State. And the majority opinion concludes, “Section 7-2507.02, like the bar on carrying a pistol within the home, amounts to a complete prohibition on the lawful use of handguns for self-defense. As such, we hold it unconstitutional.”

This is a great day for freedom. Now if we can defeat the ressurection of the idiotic Clinton Gun Ban, we’ll be doing quite well.

Also Posting:

From the NRA-ILA:

Fairfax, VA- The District of Columbia Circuit Court today affirmed that the Second Amendment of the Constitution protects an inherent, individual right to bear arms. Today’s ruling should have a positive impact on the current D.C. gun ban, the National Rifle Association is fighting to overcome.

The majority opinion of the court states, “[T]he phrase ‘the right of the people,’ when read intratextually and in light of Supreme Court precedent, leads us to conclude that the right in question is individual.” The majority opinion sums up its holding on this point as follows: The D.C. Circuit Court went further in upholding individual freedoms, rejecting the claim that the Second Amendment does not apply to the District because it is not a State.

The D.C. City Council is expected to appeal the ruling.

Technorati tags: NRA, 2nd Amendment, Right To Bear Arms