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Journal Timex's Journal: Questioning the Second Amendment 16

Scope of 2nd Amendment Questioned

By MATT APUZZO
The Associated Press
Thursday, December 7, 2006; 8:49 PM

WASHINGTON -- In a case that could shape firearms laws nationwide, attorneys for the District of Columbia argued Thursday that the Second Amendment right to bear arms applies only to militias, not individuals.

The city defended as constitutional its long-standing ban on handguns, a law that some gun opponents have advocated elsewhere. Civil liberties groups and pro-gun organizations say the ban in unconstitutional.

At issue in the case before a federal appeals court is whether the Second Amendment right to "keep and bear arms" applies to all people or only to "a well regulated militia." 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 amendment's scope. The court disappointed gun owner groups in 2003 when it refused to take up a challenge to California's ban on assault weapons.

In the Washington, D.C., case, a lower-court judge told six city residents in 2004 that they did not have a constitutional right to own handguns. The plaintiffs include residents of high-crime neighborhoods who want guns for protection.

Courts have upheld bans on automatic weapons and sawed-off shotguns but this case is unusual because it involves a prohibition on all pistols. Voters passed a similar ban in San Francisco last year but a judge ruled it violated state law. The Washington case is not clouded by state law and hinges directly on the Constitution.

"We interpret the Second Amendment in military terms," said Todd Kim, the District's solicitor general, who told the U.S. Court of Appeals for the District of Columbia Circuit that the city would also have had the authority to ban all weapons.

"Show me anybody in the 19th century who interprets the Second Amendment the way you do," Judge Laurence Silberman said. "It doesn't appear until much later, the middle of the 20th century."

Of the three judges, Silberman was the most critical of Kim's argument and noted that, despite the law, handguns were common in the District.

Silberman and Judge Thomas B. Griffith seemed to wrestle, however, with the meaning of the amendment's language about militias. If a well-regulated militia is no longer needed, they asked, is the right to bear arms still necessary?

"That's quite a task for any court to decide that a right is no longer necessary," Alan Gura, an attorney for the plaintiffs, replied. "If we decide that it's no longer necessary, can we erase any part of the Constitution?"

___

The case is: Shelly Parker et al v. District of Columbia, case No. 04-7041.

I believe that the Second Amendment applies to individuals. With this right comes a responsibility to learn how to safely keep and use any firearms one owns.

Feel free to discuss this... I'll watch. :)

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Questioning the Second Amendment

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  • There are drug sniffing dogs to prevent drugs coming into this country. I can hardly wait until they have special gun sniffing dogs to keep firearms out of the US.

    Really, if every non-military or police firearm was removed from the US how long would it take before criminals got their hands on firearms again?

    If they ban firearms to citizens I'll be very upset.
    • Other countries manage to do better without having everyone armed to the teeth.

      The basic premise of the 2nd Amendment have been proven wrong. You don't need a "well-armed militia" to keep government in check or to overthrow an existing government - just look at South Africa. Or the 9/11 attacks - 19 guys with box cutters succeeded in replacing the US government with an unconstitutional dictatorship that does what it wants, never mind what "that damn piece of paper says."

      If the law truly applies to indi

      • That is quite possibly the most ridiculous thing I've ever read.
        • Which part?

          After all, its all true ...

          The president feels he can ignore the Constitution, thanks to 19 guys with box cutters ... that's one hell of a "change of government" ... and a militia wouldn't have prevented it, because most people don't even care, as long as they're "getting theirs" ... now I'll agree THAT is a ridiculous situation ...

          US law prohibits most citizens from being part of the militia ... it also discriminates against women ...

          Other countries have overthown their governments witho

          • no. just because the president has ignored aspects of the constitution (you didn't mention any specifics) that doesn't mean we need to be ok with it. and a militia may not have prevented it, but we can certainly protest said actions. even if we have strayed from the original intent of the constitution, that doesn't mean we get to ignore it. the anti-federalists wanted to allow the american people, or individual states to resist the federal government's armed forces in the same way that the colonies had
          • by pudge ( 3605 ) *

            After all, its all true ...

            Well, no, it's not. Most of it is wrong. In fact, the Constitution absolutely does grant an individual right to keep and bear arms, to all citizens. There's no serious scholar who thinks otherwise. It's simply not possible to read the words of Madison (who wrote it) and the Founders and the people who passed it, and to read the first century of law and cases about it, and think otherwise.

            Heck, it's not even possible to read the actual words and think otherwise: the actual sentence construction has a de

        • by Timex ( 11710 ) *
          There are two things you have to remember about tomhudson:
          1. tomhudson is a Canadian, and the (stereotypical?) thought process with regard to gun ownership seems to carry over.
          2. tomhudson seems to have an unnatural knack for legal matters. Though tomhudson is not a lawyer, the post is not without merit.

          Personally, I subscribe to the belief that the first ten amendments to the US Constitution (aka "The Bill of Rights") applies to the individual, which means that I, as a law-abiding American citizen, have every

          • by pudge ( 3605 ) *

            tomhudson seems to have an unnatural knack for legal matters. Though tomhudson is not a lawyer, the post is not without merit.

            In legal matters, yes, it is without merit.

            Personally, I subscribe to the belief that the first ten amendments to the US Constitution (aka "The Bill of Rights") applies to the individual, which means that I, as a law-abiding American citizen, have every right to own firearms.

            There is no rational legal argument that states otherwise. It is not possible to read it in any other way, whether you are looking just at the text of the amendment in context with the rest of the Bill of Rights, or whether you look at the context and history surrounding the amendment's passage.

            I also believe that the Federal government is taking way too many liberties in lawmaking, because the Constitution makes it quite clear in the Tenth Amendment that any powers not granted to the US through the Constitution are retained by the individual states and/or the people themselves. As I understand it, Article 1, Section 8, paragraph 18 does not give the federal government liberty to ignore this fact.

            Correct. Indeed, since the Amendment X came later, it would have modified Section 8 even if Section 8 DID give such authority. But it never did. Madison thought Amend

    • If they ban firearms to citizens I'll be very upset.

      You might be upset, but I'll be a criminal.
      • by Talinom ( 243100 ) *
        You might be upset, but I'll be a criminal.

        I didn't explicitly saaaay that I wouldn't be...
    • TReally, if every non-military or police firearm was removed from the US how long would it take before criminals got their hands on firearms again?

      If they ban firearms to citizens I'll be very upset.

      Depends on where you are. Florida and Texas, you could have one in a day. If they ban firearms to citizens, I'll be a criminal. I've had a gun save my life or prevent me from being robbed too many times to rely on the police to protect me.

      That reminds me of a Sir Mix a Lot song from the early 90s called No Holds Barred [lyricshead.com].

      Hypothetical situation
      Gun control starts sweepin the nation
      Now you got a bunch of unarmed innocent victims
      Gettin F**KED by the system
      Sittin at home with a butter knife, huh
      Any fool could rape your wife
      So what's up when the criminals can't be stopped?
      The only one with guns are the COPS
      But it's hard for a brother to trust police
      Huh, so the shit don't cease
      So I go downtown to buy a hot gun
      I hated criminals, and now I'm one
      Because I bought a gat to protect my house
      The cops wanna bust me out?
      So it's illegal to protect yourself?
      Hell, you either get killed, or you in jail
      So when you vote
      You better think about what I just wrote
      And F**K writin a note to yo' Congressman!
      You got the fool hired
      Now help get the fool fired
      A scary scenario
      And I put it in your stereo
      So when a fool tries to run up on my car
      R.I.P., no holds barred

      No holds barred

      No holds barred

      'They take aim, at the law abiding citizen, instead of the criminal'

  • The Bill of Rights applies to individuals, with the 2nd Amendment being just one of them. It plainly says "the right of the people". This is a case of trying to act like something's in doubt, in hopes that people will be suckered into believing that it is.

"Conversion, fastidious Goddess, loves blood better than brick, and feasts most subtly on the human will." -- Virginia Woolf, "Mrs. Dalloway"

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