July 25, 2017 at 11:31 pm #52131
U.S. appeals court blocks D.C. law restricting gun rights
(Reuters) – A U.S. appeals court on Tuesday blocked a gun regulation in Washington, D.C., that limited the right to carry a handgun in public to people with a good reason for self-defense, handing a victory to gun rights advocates.
The U.S. Court of Appeals for the District of Columbia Circuit’s 2-1 ruling struck down the local government’s third major attempt in 40 years to limit handgun rights, citing what it said was scant but clear guidance from the U.S. Supreme Court on the right to bear arms.
The District of Columbia may appeal the three-judge panel’s ruling to the full appeals court, potentially a more favorable audience as seven of its 11 members were appointed by Democratic presidents. All three of the judges in Tuesday’s ruling are Republican appointees.
Judge Thomas Griffith, writing the majority opinion, said constitutional challenges to gun laws “create peculiar puzzles for the courts,” noting that the Supreme Court’s first in-depth review “is younger than the first iPhone.”
That 2008 ruling in a landmark case called District of Columbia v. Heller struck down a D.C. law that banned all handgun possession in the city. It was a major victory for supporters of the Second Amendment to the U.S. Constitution, which protects gun ownership rights.
The city tried again to ban carrying weapons, a law also struck down by the courts in 2014, and now is trying a third time.
Griffith said the Supreme Court’s Heller ruling made it clear that “the Second Amendment erects some absolute barriers that no gun law may breach.”
Some ambiguity exists due to the first 13 words of the Second Amendment, which reads: “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.”
Writing a dissenting opinion, Judge Karen Henderson cited case law finding the “core” right to bear arms is for self-defense inside the home.
“Regulations restricting public carrying are all the more compelling in a geographically small but heavily populated urban area like the District,” Henderson said.
Mayor Muriel Bowser did not say whether the district government would appeal but noted in a statement that similar laws with concealed carry requirements are in effect in other states.
The Second Amendment Foundation, a pro-gun rights group, praised the ruling.
“To say we are delighted with the ruling would be an understatement,” founder Alan Gottlieb said in a statement.July 26, 2017 at 1:59 am #52133
Anywhere within 3 feet of my body ( technically arms reach ) is considered to be “home” by me. The court needs an updated definition. Castle just extents home.July 30, 2017 at 11:57 pm #52142
I have a good reason for handgun self defense living in a sanctuary village inside a sanctuary state called New York. The state troopers are being shifted downstate in the fight against ms13. A friend of ours whose son just died of an overdose said in the ny school where he went 18 kids had died of overdoses. When the cops search the lockers the kids were given 4 hours notice before the dogs were brought in. She said she had 3 girls fall out of their chairs during class from inserting vodka tampons. Dealers are all over the place. If these other countries dont want to take their refuse back our government should push them off the boat and let them swim to shore. Go Trump. Its a just war.
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