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Aug 5th, 2016
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The story has already hit Yahoo News, so I think the media will be forced to cover it. It will be interesting to see how they handle it.

Best,
David

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Did you see that that ACLU submitted an Amicus Curiae brief IN SUPPORT of the Appellants?


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I don't see that. I see the American Civil Rights Union.


"The price of good shotgunnery is constant practice" - Fred Kimble
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Originally Posted By: Ozpa
Did you see that that ACLU submitted an Amicus Curiae brief IN SUPPORT of the Appellants?


It wouldn't surprise me. ACLU gets a bad rap sometimes from the right, but they're about the most conservative organization going in my book--they're so far right, they're left sometimes.

Last edited by David Furman; 03/09/07 05:00 PM.
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Originally Posted By: Shotgunjones
I don't see that. I see the American Civil Rights Union.


I stand corrected. Sorry.

Todd


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The fifth circut has also ruled, U.S. vs. Emmerson, that the 2nd amendment is an individual right, but that it does not mean there will be no gun control and that any gun control legislation must be carefully worded and narrowly defined, such as prohibiting criminals from owning firearms.

No question this will be taken to the U.S. Supreme Court.

Many gun control laws can be eliminated if this gets upheld by the high court, but I predict they will allow some things to stand even if it is upheld, basically letting them have it both ways.

Let's also not forget that guns can be severely restricted or even banned de facto by many other means: enviornment, safety, etc.

This fight will never be over...

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March 9, 2007
The New York Times

Appeals Court Says Gun Ban Violates 2nd Amendment
By ADAM LIPTAK

A federal appeals court in Washington today struck down on Second Amendment grounds a gun control law in the District of Columbia that bars residents from keeping handguns in their homes.

The court relied on a constitutional interpretation that has been rejected by nine federal appeals courts around the nation. The decision was the first from a federal appeals court to hold a gun-control law unconstitutional on the ground that the Second Amendment protects the rights of individuals, as opposed to a collective right of state militias.

Linda Singer, the district’s acting attorney general, said the decision was “a huge setback.”

“We’ve been making progress on bringing down crime and gun violence, and this sends us in a different direction,” Ms. Singer said.

Lawyers on both sides of the case said the decision had created a conflict among the federal courts of appeals on a significant constitutional issue, making review by the Supreme Court likely.

The case was brought by Dick Heller, a police officer in the district who was permitted to carry a gun on duty and wanted to keep one at home. His application was denied.

He challenged provisions of the district’s law that barred the registration of handguns, that prohibited carrying handguns without a license even from one room of a private home to another, and that required lawfully owned firearms to be kept unloaded and disassembled or bound by a trigger lock.

In a 2-to-1 decision, a panel of the court, the United States Court of Appeals for the District of Columbia Circuit, ruled those provisions unconstitutional. The Second Amendment says, “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.”

The basic question in the case was whether the first clause limits the second one.

Most federal appeals courts have said that the amendment, read as a whole, protects only a collective right of the states to maintain militias — in modern terms, the National Guard. But in yesterday’s decision, the majority focused on the second clause, saying that the amendment broadly protects the rights of individuals to own guns — an approach that has been embraced by the Justice Department and by some constitutional scholars.

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The court's sound reasoning from historical records will be a huge surprise to many who promote or sympathize with gun control based on the common assertion that the militia language in the 2nd amendment is defining and operational rather than merely prefatory.

Last edited by Gunflint Charlie; 03/09/07 06:25 PM.
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Gunflint Charlie, the problem is that those who sympathize with the gun grabbers usually get their information about the 2nd amendment from the gun grabbers and their friends in the media who are not going to say much at all about the historical evidence of the 2nd amendemnt.

We're likely to hear claims from them about a "judicial activist" court overturning seventy years of legal precedent. Of course, the joke is that they are ignoring 161 years of prior legal precedent.

This fight will never be over...

Last edited by JM; 03/09/07 06:43 PM.
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Finally some good news for a change!!!! I've always wanted a Federal Judge to just stand up and yell to the heavens, " You live in this country to be FREE!!!!" These good judges were probably appointed by President Bush, so don't forget that either!!!!!
All the best

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