Major ruling against D.C. handgun ban
In 2-1 vote, appeals court says Second Amendment is not limited to ‘militia’
NBC News and news services
updated 7:32 p.m. ET, Fri., March. 9, 2007
WASHINGTON - In the most important ruling on gun control in 70 years, a federal appeals court Friday for the first time used the Second Amendment to strike down a gun law.
In a 2-1 decision, the court overturned the District of Columbia’s long-standing handgun ban, rejecting the city’s argument that the Second Amendment right to bear arms applied only to militias.
The majority 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” on enrollment in a militia.
My thoughts: With handgun violence being a reality it is reasonable and responsible for lawmakers to take action in order to stem violence. Sadly however, it is also predictable that "living constitution" advocates choose to ignore the rights of law abiding gun owners who only seek to protect themselves and their families. I would much rather read a headline stating "homeowner kills armed intruder" than one that states "homeowner slain by armed intruder" wouldnt you? The question of individual gun ownership rights has been answered time and time again throughout history. i offer the following quotes as evidence:
Noah Webster
1787 - An Examination of the Leading Principles of the Federal Constitution
Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States.
Reference: Pamphlets on the Constitution of the United States, Ford (29)
Thomas Jefferson
1824 - letter to John Cartwright
We established however some, although not all its [self-government] important principles . The constitutions of most of our States assert, that all power is inherent in the people; that they may exercise it by themselves, in all cases to which they think themselves competent, (as in electing their functionaries executive and legislative, and deciding by a jury of themselves, in all judiciary cases in which any fact is involved,) or they may act by representatives, freely and equally chosen; that it is their right and duty to be at all times armed.
John Stuart Mill
"The sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection."
Noah Websters comments in 1787 are just as relevant today. Consider this: in countries where individuals have limited or no gun ownership rights, genocidal wars have been waged on an almost constant basis throughout the modern era. Furthermore he felt that a governments power over the population needed to be balanced by the population with firerarms providing at least part of that balance.
Thomas Jefferson considered our right to arms as inherent as our right to vote and left it to the individual to excercise those rights. Its interesting to note he considered being armed not only a right of the people but a duty.
John stuart Mills felt that in a nation rooted so firmly in the belief of personal freedom and liberty the only right more important was that of individuals protecting their right to it.
Taking the words of our forefathers into account it seems our right to bear arms has been infringed upon for decades, and its my opinion that the infringement continues today. Laws that discourage legal gun ownership only rob law abiding citizens of their undeniable right to self protection and make criminals more powerful. If lawmakers continue to distort the meaning of our constitution to suit the needs of the day how long will it be until there is nothing left of its original intent? It seems some of those in power today are content to pass laws that take guns from those who should have them because its easier than taking them from those who shouldnt.
I welcome your comments
Quotes found at www.patriotpost.us
Full MSNBC News story at http://www.msnbc.msn.com/id/17538139/
Wednesday, November 21, 2007
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