I don't believe Fenty, and this is good news
Gun Law in District Overturned by Appeals Court
Mar 9th - 8:22pm
On Friday, the court stated that prohibiting a person from keeping a firearm is unconstitutional. Judges cited the Second Amendment, which 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."
While the court overturned the ban, D.C.'s strict gun laws remain in effect.
The case, Parker v. District of Columbia, was brought by six D.C. residents who sought to possess functional firearms within their own homes for self- defense.
The group lost their fight in a U.S. District Court in February of 2005 and appealed the decision in December of 2006.
In a 2-1 decision, the appellate court reversed the decision on all counts, and held that the activities protected by the Second Amendment "are not limited to militia service, nor is an individual's enjoyment of the right contingent upon his or her continued or intermittent enrollment in the militia."
"The District's definition of the militia is just too narrow," Judge Laurence Silberman wrote for the majority Friday. "There are too many instances of 'bear arms' indicating private use to conclude that the drafters intended only a military sense."
Judge Karen Henderson dissented, writing that the Second Amendment does not apply to the District of Columbia because it is not a state.
D.C. Mayor Adrian Fenty said he is "deeply disappointed" and "outraged" by the court's decision and said the city will appeal to the full Court of Appeals.
If D.C. fails there, they can go to the Supreme Court.
The gun ban -- which has been in place since 1976 -- has helped reduce gun violence in the city, Fenty said.
The gun ban remains in effect and Fenty stressed at his press conference on Friday that the District of Columbia "will continue to vigorously enforce all of our gun laws."
The Bush administration has endorsed individual gun-ownership rights but the Supreme Court has never settled the issue.
If the dispute makes it to the high court, it would be the first case in nearly 70 years to address the Second Amendment's scope.
Even as the appeals court overturned the D.C. ban on most handgun ownership, Silberman wrote that the Second Amendment is still "subject to the same sort of reasonable restrictions that have been recognized as limiting, for instance, the First Amendment."
Such restrictions might include gun registration to provide the government with information about how many people would be armed if militia service was required, firearms testing to promote public safety or restrictions on gun ownership for criminals or those deemed mentally ill.
A spokeswoman for the district attorney general's office would not comment on the ruling.
(Copyright 2007 by WTOP and The Associated Press. All Rights Reserved)
It doesn't completely strike down the DC gun laws (which Fenty has pledged to continue enforcing, in spite of the court's ruling), but it's a very good start. If you'd like to read the actual decision, you can find it here.
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