Tuesday, September 18, 2007

D.C. Gun Ban News

If you're not a regular reader of Geek With A .45, you should be.

If your not a regular reader of G45, it's probably for one of the following reasons:
  1. You're new here, and never saw the link on the sidebar
  2. You've been here before, and didn't notice or ignored the sidebar link
  3. You use to read that blog, but quit because G45 hasn't been posting regularly for the past few months.
As is implied in the sidebar classification, G45 is one of the websites I visit EVERY DAY, and for good reason. When he does post, it's usually something worth reading.

Such is the case in his recent reference to a Dave Kopel article published in The Volokh Conspiracy titled "Recent Developments in DC Case on Handguns and Self-Defense Bans."

Essentially, DC appealed in the case of Parker v. District of Columbia, and found that their efforts were being presented to a coldly unimpressed DC Court of Appeals. The District either hadn't done their homework, or the attorneys who drafted the appeal were incompetent.

(NB: The Kopel article includes links to the District's motion and other filings on the case.)

The context of the appeal was reminiscent of throwing the baby from the Troika to distract the pursuing wolves. They seemed willing to concede that long guns were acceptable as self-defense weapons, but having made that concession they argued that it was not necessary for citizens to resort to handguns for the same purpose.

G45 deftly plucked the following quote as most representative of Kopel's dissertation, and I see no better example:

The strategic implications of DC's decision are enormous. It appears that DC has decided that its long-gun self-defense ban is constitutionally indefensible. The most logical inference is that DC (despite statements by the Mayor at press conferences) has concluded that it cannot convince the Supreme Court that the Second Amendment is not an individual right. DC is retreating to position that the individual Second Amendment right is not violated by a handgun ban, as long as individuals can possess other guns.
You and I have suspected that the results of the Parker ruling would prove to be the seminal event which may lead to a Supreme Court re-evaluation of the 2nd Amendment. This may be a giant step in the right direction for firearms owners.

And while I'm at it, I just realized that I haven't linked to The Volokh Conspiracy on my own sidebar. I have corrected that oversight. You'll find it under Other RKBA Websites, along with Dave Kopel's 2nd Amendment website.

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