Residents of the nation's capitol should soon have a resolution to the iron fisted gun ban in the city, which has existed for more than 30 years. After being struck down in March by a 2 to 1 decision in the US Court of Appeals, the city has decided it wants to take the fight all the way to the highest court in the land. The court hasn't ruled on a Second Amendment case since 1939.
Essentially, the law banned all handguns that weren't registered before 1976.
The appeals panel ruled in March that the District has a right to regulate and require registration of firearms but not to ban them in homes. The ruling also struck down a section of the law that required owners of registered guns, including shotguns, to disassemble them or use trigger locks.
What was the reasoning behind the gun ban? The same as it is with any other ban: Guns, legally owned or not, cause crime. However, if the D.C. mayor had kept his eye on this, then maybe he'd realize that guns themselves don't cause crime. But that's asking for reason and logic; something gun-grabbers don't know anything about.
"The handgun ban has saved many lives and will continue to do so if it remains in effect," Fenty said. "Wherever I go, the response from the residents is, 'Mayor Fenty, you've got to fight this all the way to the Supreme Court.' "
It's scary these people run cities.
The Supreme Court taking up this case, which it hasn't yet decided if it will or not, is an amazing chance for gun rights advocates.
Experts say gun rights advocates have never had a better chance for a major Second Amendment victory, because a significant number of justices on the Supreme Court have indicated a preference for the individual-rights interpretation.
A ruling upholding the US Appeals Court decision would be a monumental victory that would knock down other restrictive gun laws across the US. But, gun control advocates are just as excited:
"If the U.S. Supreme Court decides to hear this case, it could produce the most significant Second Amendment ruling in our history," Paul Helmke, president of the Brady Center to Prevent Gun Violence, said in a statement. "If the U.S. Supreme Court follows the words of the U.S. Constitution and the Court's own precedents, it should reverse the Appeals Court ruling and allow the District's law to stand."
Apparently the Brady Center doesn't have any copies of the Constitution on hand or they might be a little more fearful of the original intent of the Second Amendment, which countless historical surveys show the philosophy behind the Amendment most definitely suggested the founding fathers believed gun rights to belong to individuals.
"Any accurate, unbiased reading of American history is going to come down to this being an individual right," said Wayne LaPierre, executive vice president of the National Rifle Association. "To deny people the right to own a firearm in their home for personal protection is simply out of step with the Constitution."
The gun ban will still remain in effect until a final resolution is found on the matter. The city has until Sept. 5 to file their appeal with the Supreme Court. Hopefully then, D.C. residents will finally be allowed to own handguns in one of the most dangerous cities in America, where "driving while armed" is harder to get out of than "driving while intoxicated."
Ironic, isn't it?
First, the Superemes will most likely take the case. They like "clean" cases, and this is the cleanest I have ever seen presented -- no state law issues, nothing but a single, narrow constitutional issue. Plus, with contradicting interpretations in the 5th and 9th courts, it is a case requiring resolve.
My chats with con law professors indicate they believe there would be a 5/4 split (if we are lucky, Ginsberg or Breyers will croak this year and we can load-up the court for a 6/3 split). I fear such arrow margins.
The larger concern is that they might hand down a ruling recognizing the individual right, but subjecting it to "reasonable regulation." The word "reasonable" is so malleable that it could open the flood gates to even more draconian restrictions.
The Court won't touch it, unfortunately.
Posted by: Mike M at July 17, 2007 02:44 PM