Washington, DC federal appeals court: (Confirmed by the US Supreme Court - - but still opposed by many liberals - including OBAMA)
"The people's right to arms was auxiliary to the natural right of self preservation, which was understood as the right to defend oneself against attacks by lawless individuals or, if absolutely necessary, to resist and throw off tyrannical government". Appeals court judge, Laurece Silberman wrote: "The phrase 'right of the people' . . . . leads us to conclude that the right in question is individual"
This was said in a decision overturning a DC gun law that bans DC residents from owning handguns and specifies that any long gun in a home must be kept disassembled. The US Supreme Court confirmed this decision.
The case is interesting for many reasons. It is considered very important by DC residents, many of whom are in government. 47 Amicus (friend of the court) briefs have been filed on the case. One signed by 250 members of the US House of Representatives, 55 US Senators and vice president Dick Cheney. This is believed to be the first time an amicus brief has gone before the federal court signed by a majority of both houses of congress. That brief spells out that the federal legislature, since founding of the nation, has consistently enacted laws " which explicitly declared its understanding of the Second Amendment as guaranteeing fundamental individual rights".
The chief argument for the DC law is one that says the Second Amendment applies only to the states' right to an armed militia and does not apply to individuals. Logically, if that idea were upheld by the court, it could then be used to void all the other rights of individuals in the Bill of Rights. But, the wording is simple and specific: "The right of the people". How could anyone not understand that?
Another, similar Amicus brief is signed by 31 present state attorneys general.
Washington, DC has for many years, vied with Chicago for the highest number of murders per capita of any city in the US. The residents are sick of it and have for years, been asking for relief. Criminals have made the city their happy hunting ground knowing they have nothing to fear from law-abiding citizens. The city officials of both cities seem to have more concern for the safety and welfare of criminals that for that of the citizens (possibly because so many of those criminals are their friends and relatives).
This case is also significant because both Democrat presidential contenders have consistently voted for any law that would deprive citizens of the right to use guns. Stay tuned for further news.
JMC