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Court Strikes Down Unconstitutional D.C. Handgun Law

Well, the Court got it partly right. Good result. Imperfect reasoning.

The U.S. Circuit Court of Appeals for the District of Columbia upheld the right to keep handguns, but they misunderstood the constitutional meaning of the militia. For an historical and constitutional perspective on the 2nd Amendment, make sure to review our materials from the Witherspoon School of Law and Public Policy including our DVD course, our Best of CD set, and the actual Witherspoon School of Law and Public Policy.

CNN reports:

WASHINGTON (CNN) — In a landmark legal victory for opponents of gun control, a federal appeals court Friday struck down a District of Columbia ban on keeping handguns in homes as a violation of the Second Amendment’s right to keep and bear arms.

In its 2-to-1 decision, the U.S. Circuit Court of Appeals for the District of Columbia held that the amendment’s guarantee belongs to individuals and was not a collective right limited to members of militias — something gun-control proponents long have contended.

“The amendment does not protect the right of militiamen to keep and bear arms, but rather the right of the people,” the majority opinion said. “If the competent drafters of the Second Amendment had meant the right to be limited to the protection of state militias, it is hard to imagine that they would have chosen the language they did.”

Friday’s decision marks the first time a federal appeals court has struck down a gun law on Second Amendment grounds, according to the Brady Campaign to Prevent Handgun Violence.