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EDITORIAL: The right to bear arms

As expected, District of Columbia officials on Monday moved to overturn a recent federal court ruling which found that the city's strict gun ban violated the Constitution.

The ruling severely limits "the authority of both the District government and Congress to legislate in ways that they believe will best protect citizens and law-enforcement officers from gun violence," city lawyers wrote in court papers.


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  • Perhaps -- although district residents suffer one of the nation's highest crime rates despite the gun prohibition. But doesn't any government effort to "best protect" residents and cops by banning handguns have to comport with the Second Amendment?

    Apparently not, if you believe city officials.

    The appeal stems from a case filed by six D.C. residents who contested the district's Draconian prohibition on gun ownership, arguing that it prevented them from protecting themselves against criminals and violated the Bill of Rights.

    In a 2-1 March decision, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit agreed, finding that the Second Amendment protects an individual right of gun ownership.

    The majority rejected the city's contention that the constitutional right to bear arms applies only to state militias, not individuals.

    The city's appeal asks that all 11 judges of the D.C. appeals court rehear the case.

    "We don't blame the city for trying," an attorney for the residents who sought to exercise their Second Amendment rights told The Associated Press. "The result is not going to change."

    We'll see. But regardless of whether the appeal succeeds at this level, the case will almost surely move along to the U.S. Supreme Court -- presenting the justices with their best opportunity in more than 75 years to affirm that the Second Amendment grants law-abiding citizens the right to own a gun.

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    seataffer wrote on May 24, 2007 09:29 AM: james writes: the D.C. gun laws in question (a handgun ban and a requirement that rifles and shotguns be disassembled or locked-up at home, amounting to a total ban on private ownership of functioning firearms). ..
    .. .. .. .. .. .. .. .. .. .. .. .. .. .. Me: duh, how does having a trigger lock on a rifle render it a useless functioning firearm? as if there were a total ban on firearms if you use a trigger lock? .. james demonstrates the mythology, progun propaganda, & lack of coherent argument amongst gun enthusiasts.


    James wrote on May 23, 2007 06:12 AM: It looks like that the Supreme Court might invalidate the D.C. gun laws in question (a handgun ban and a requirement that rifles and shotguns be disassembled or locked-up at home, amounting to a total ban on private ownership of functioning firearms). This obviously would dampen any enthusiasm for anything in Congress that promotes direct federal control of firearms (no federal ban on assault weapons, no federal laws requiring licensing of gun owners or registration of weapons, etc.).
    However, this could revive efforts to repeal a current federal law giving legal immunity to the gun industry. After all, the Second Amendment ("A well regulated militia, being necessary to security of a free state, the right of the people to keep and bear arms shall not be infringed." appears to be extremely vague on the question of lawsuits.


    Rob wrote on May 07, 2007 11:00 AM: The first gun laws were aimed at slaves.

    I believe it was Ben Franklin that remarked that a citizenry without the right to own weapons was less than slaves. Considering that many of the Founders were Scots, they also knew how the English had denied their rights to own weapons. (How did the Highland Games begin?) Interesting how the trend continues today in the UK.

    In the end most Americans fail to investigate WHY the Founders gave the right to keep and bear arms.Those, who really want the facts should search the web for "St.George Tucker's Second Amendment Deconstructing The True Palladium of Liberty"
    which is in PDF form. Also search out the long or short version of:
    "FIREARMS OWNERSHIP & MANUFACTURING IN
    EARLY AMERICA" by Clayton E. Cramer, who looks at "Arming America: The Origins of a National Gun Culture." (Short or long version.)

    http://www.ggnra.org/cramer/

    Looking at, who Tucker was and what he wrote on the 2nd Amendment will correct some erroneous facts. The second book will raise questions about why we seem to be given "cooked" versions of history.

    We often forget, or do not know, about "the shot heard around the world." Lexington and Concord? The Red Coats were planning to seize to flints and gun powder of the Colonials. In other terms it was their intent to seize their guns.


    Darin W. Lacina wrote on May 01, 2007 08:50 AM: of one i think gun control is ridiculous (sorry for spelling) i think every one should be able to wild fire-arm under any circumstance unless in like a school or church.
    Wilding guns, rifles, etc.. isn't the problem its the people with the guns that oppose a threat . A man once said "Guns don't kill people, people with guns do." i agree with that but in one circumstance that its not people in general its stupid people who think they are safe that do.

    second half of these comments are not even relevent to the topic i am sorry


    roach wrote on April 26, 2007 02:15 PM: what does the Nevada State constitution have to say about your right to protect you self, family, friends, and property from criminals and a government run amuck?
    Do you require a CCW "Permit" and since when do you need a permit to exercise your constitutional rights? Heinous violent felony convictions, excepted, of course.


    Randy E. Black wrote on April 20, 2007 06:04 PM: Why Do We Fight? There are a myrid of reasons in which we feel the need to fight, injustice, intolence, hatred, ect., etc.,
    The one which this country should be careful of is hatred, for hatred begets ignorence. For once hatred is in your heart, you often become as bad as that which you hate.
    There are knowledgeable caring people in this country, that aren't driven by a self centered agenda. THIS IS AMERICA! (still)?


    Randy E. Black wrote on April 20, 2007 05:40 PM: I've lived in this valley since 1999. I know there is a problem with speeders on the roads! I've had two tickets in 8 years. One in 2001 for 10 m.p.h. over the limit and one in 2006 for 15 m.p.h. over the limit, each time on the way to work. The first ticket, I paid the fine, took the traffic school,making it a parking fine. The 2006 ticket I paid the law office of Tom Conner (Ticket Terminators) $155.00 to argue my case which was to be held in Dec. I was told it would be delayed till Apr., and I would hear from their office as to the outcome. Well the outcome (fine) is the same if I would have just paid the fine and took driving school, $155 + 35 = $190.00.
    I otherwords the law office of Tom Conner (Ticket Terminators) does nothing for the $155.00 other than delay your fine date. Do not be fooled by his advertising, or the shills who always seem to be doing business in his office. I can hardly wait for him to run for public office! He is the lawyer (shark) people joke about!


    Jo-Ann Fillion wrote on April 13, 2007 08:04 AM: On December 17, 2006, at about 6 p.m., I was hit by a car and knocked unconscious while crossing Flamingo Road. I woke up while I was getting a CAT scan. The technician said he was going to inject me with iodine, but he didn't ask me if I was allergic to it. I was wheeled on a gurney; I think it was back to the ER. A snotty blond nurse told me, "You have to get out of here as soon as possible, we need the bed." I laid on the gurney for about four hours; I couldn't help moaning and crying out once in awhile. No one came in or gave me any medication. A few times I called out, "Is anyone there?" and got no answer. I finally got a response by yelling, "I need a bedpan." When the aide brought one in I asked her where I was, and then I called my daughter. She told me later the man at the information desk had been very rude to my son and her. He told them I hadn't been brought into the hospital yet. She pointed out to him how ridiculous that was since I had called her from the hospital, then a woman came over and told them I was being discharged. In the meantime, the snotty nurse told me, "Get up, you're leaving." I said, "Then help me! My side hurts so much I can hardly move, and I feel dizzy and nauseous when I sit up." She cranked up the head of the bed and told me, "You'll be all right in a few minutes." I never saw a doctor, but one prescribed Hydrocodone, without asking me if I was taking any medication that could have had a bad interaction with the Hydrocodone. I was told I had nothing broken. I went to UMC and found out I had a fractured rib, blunt chest trauma and post-concussion trauma. Sunrise? They should call this place Sunset. Anyone going in their ER stands a good chance of not coming out.


    Frank Brunner wrote on April 13, 2007 07:12 AM: 1. The reasoning of the majority in Parker v. District of Columbia was excellent. 2. The Second Amendment states: "A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed." In my opinion, this language implies that the people have the right to keep and bear arms, which are comparable to the rifles, pistols and other small arms that are commonly used by the soldiers of our armed forces.


    seataffer wrote on April 13, 2007 05:52 AM: davidclark: I totally support the 2d Amendment to the Constitution in every way, shape, and form. I am more than fed up with minority rule and "the tail wagging the dog." ... ... ... .. .. .. .. .. .. .. .. .. .. (Me): .. its hypocritical to support 2ndA in 'every way shape & form', since it was poorly worded & the result has been the ambiguous two different interpretations thru the years. If you DO support it every way shape & form then you admit to supporting the militia interp, as in 'a well regulated militia'... as far as minority rule, gunnuts are in the minority here, not liberals or dems or independents, all of which support stricter guncontrol & largely did not want concealed carry laws enabled. It is republican legislatures which went against majority opinion in order to curry favor (& paychecks in some cases) from the nra & gun lobby. You shoot yourself in the foot, clark, when you label guncontrol advocates 'the minority'. .. The nra stinky tail has been wagging the american dog the past 20 yrs.


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