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Court Affirms District’s Gun Ban Is Unconstitutional

By Greg L | 8 May 2007 | Crime | 10 Comments

In a rather significant setback for gun control advocates, the District of Columbia Court of Appeals has just turned down the District’s appeal for a rehearing in front of the full court on the Parker v. DC. Earlier, a three judge panel decided that the District’s handgun ban and the ban on having loaded firearms in resident’s homes was unconstitutional.

They’ve only got one place to go now, and that’s the Supreme Court. Given the current makeup of that court, I think it’s very likely that citizens in the District of Columbia may soon be able to throw off the shackles of this failed gun control experiment, and finally be able to defend themselves against the human predators which have plagued them for so long. The reaction from the District’s liberal leadership should be very interesting…

UPDATE: You can read the court’s opinion here.



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10 Comments

  1. citizenofmanassas said on 8 May 2007 at 4:06 pm:
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    I can’t wait to her the hissy fit that is forthcoming from DC. A city that welcomes illegals, yet does not support a Constitutional right.

  2. James Young said on 8 May 2007 at 4:07 pm:
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    Now, if they’d only rule on my mandamus petition!

  3. Rick Sincere said on 8 May 2007 at 6:03 pm:
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    Regardless of what you think of Members of Congress, citizenofmanassas, is it really fair (or polite) to refer to them as “illegals”?

  4. Jerry Fuhrman said on 8 May 2007 at 6:35 pm:
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    O the irony - DC may soon have taxation WITH representation for the first time in a century and a half and its delegate to Congress will oppose DC citizens’ 2nd amendment rights. Kinda hard to follow at times. Jerry

  5. citizenofmanassas said on 8 May 2007 at 6:44 pm:
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    Rick,

    That is funny. I guess I was not thinking of those illegals.

  6. James Young said on 8 May 2007 at 6:46 pm:
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    Funny, Rick. But back to citizen’s point, I assume that that does not surprise him. It is, after all, the main principle of the the practice of modern Liberalism. Indeed, the practice of modern Liberalism relies upon disregard for constitutional limitations.

  7. NoVA Scout said on 8 May 2007 at 8:18 pm:
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    I hope the Supreme Court takes this one. The issue is important and would benefit from a final disposition at the highest level.

  8. citizenofmanassas said on 8 May 2007 at 8:32 pm:
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    Rick,

    It does not surprise me at all what DC has been doing over the years. Of course while the leaders that be have denied Constitutional rights to their Citizens, it has protested for years they have not had full representation in Congress. Ironic I suppose.

  9. Delmarva Dealings » Blog Archive » DC Circuit Refuses to Re-Hear DC Gun Ban Case said on 9 May 2007 at 1:31 pm:
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    […] BVBL reports that the U. S. Court of Appeals for the D. C. Circuit has refused to grant the D. C. government’s request for an en banc hearing. The Second Amendment remains alive and well unless the Supremes decide to take a swipe at it. […]

  10. James Young said on 10 May 2007 at 9:13 am:
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    I have a sneaking suspicion that, WaPo entreaties and politicians’ bluster to the contrary notwithstanding, the District will not file a petition for a writ of certiorari. If it fails to do so, the D.C. Circuit’s petition is the law only in the District, and is nothing more than persuasive authority for any other Circuit.

    It’s a rather common tactical decision among the Left/unions in my practice. They bite the bullet and take a bad decision in a single Circuit, because they fear the adverse impact of a Supreme Court decision, which of course has nationwide application. The last three times they took one of our Circuit-court “wins” to the Supremes — Teachers Local No. 1 v. Hudson; Communications Workers v. Beck; and Air Line Pilots Association v. Miller (the party seeking review is listed first) — they lost. Badly.

    And while the Supremes reverse in about 65% of the cases they take (the last statistic I saw on the issue), there is that 35% of cases where they take the case to affirm and apply a good Circuit-court decision nationwide.

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