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This is a new, landmark decision affirming our individual right to keep and bear arms! Please take the time (and have the patience) to read and understand the court's decision at http://www.drudgereport.com/04-7041a.pdf

The Federal Appeals Court decision lays out all the arguments, pro and con, examines the history of the Second Amendment and legal precedent, denies the 'collective right' (organized militia only) on which the gun banners depend, and affirms the RKBA as an individual right for hunting and self-defense as well as militia purposes!

This is an elegant defense of the RKBA. Read it. Remember it. Pass it on.



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Good news, indeed. -- Ed


Keep outa the wire...
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For the meat of the opinion cut to page 46. I wanted to save the pdf to my computer but they don't allow it as an option. I guess I'll have to print all 75 pages.

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Let us all be greatful and give thanks that contrary to most decisions there are some sane, "real" people in the DC area. Best, DR. Bill

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From the decision:

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).


That's about as good as we could hope for!


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Good decision. Will it go to the Supreme Court or will it stand? This would surely force a SC decision on the subject.

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Sounds good, so far. Heard about it on Rush's show, this AM.


> Jim Legg <

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High risk night for stroke or heart attack among the national news analyassts. Doubt they can just ignore it!!

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Yes and no. The ninth circuit and the DC circuit courts of appeal now have opposed viewpoints. This obviously must be settled in the supreme court... someday. Now? Do we have the requsite judges in our pocket? The stakes are VERY high...

It appears that finally a supreme court hearing is unavoidable. They have historically avoided the issue. They seem to understand that a ruling against the individual freedoms guaranteed by the 2nd amendment would result in civil unrest and perhaps an armed uprising - this is why they have not accepted a case for so long. The fray now seems unavoidable.

The good thing is that the supreme court now has a well researched decision in our favor by the DC appeals court.

Good sense could well prevail... but remember they overturn themselves seldom, and 'Miller' is still the law of the land. Miller says, if you read the text of today's decision, that you have no intrinsic right to any weapons without militia applications. That the item in question in 'Miller' was one banned under NFA is a moot point.

This could still go either way. Remember, these are the self-same idiots who ruled after strict reading of The Constitution, that the government does have a compelling reason to racially discriminate (UM law admissions) and the same folks who ruled against the very concept of private property by extending the power of eminent domain to non-governmental bodies.


"The price of good shotgunnery is constant practice" - Fred Kimble
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I would imagine that due to the overreaching language of the 2nd amendment ("shall not be infringed"), that if this stood it could potentially be the death knell for every bit of legislation that has chipped away at it for the last 200 years. If so I'd be very surprised if it didn't wind up in front of the supreme court before too long.

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