"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."
NEWS RELEASE
Second Amendment Foundation
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http://www.saf.orgD.C. APPEALS COURT RULING HOLDS SECOND AMENDMENT PROTECTS 'INDIVIDUAL
RIGHT'
For Immediate Release: 3/9/2007
BELLEVUE, WA - A ruling Friday by the U.S. Court of Appeals for the
District of Columbia that strikes down the District's 1976 handgun ban
and holds that the Second Amendment protects an individual right to keep
and bear arms is "a landmark for liberty, and an affirmation that
everything the gun rights community has been saying for years is
correct," the Second Amendment Foundation said today.
The 2-1 ruling came in the case of Parker v. District of Columbia.
Senior Judge Laurence H. Silberman wrote the opinion, with Judge Thomas
B. Griffith concurring. Judge Karen LeCraft Henderson dissented. The
ruling holds that the District's long-standing ban on carrying a pistol
in the home for personal protection is unconstitutional. SAF filed an
amicus brief in the case.
In his ruling, Judge Silberman wrote, "In sum, the phrase 'the right of
the people,' when read intratextually and in light of Supreme Court
precedent, leads us to conclude that the right in question is
individual."
"This is a huge victory for firearm civil rights," said SAF founder Alan
M. Gottlieb. "It shreds the so-called 'collective right theory' of gun
control proponents, and squarely puts the Second Amendment where it has
always belonged, as a protection of the individual citizen's right to
have a firearm for personal defense."
Judge Silberman's ruling notes that the Second Amendment
"acknowledges...a right that pre-existed the Constitution like 'the
freedom of speech'."
"Because the right to arms existed prior to the formation of the new
government," Judge Silberman wrote, "the Second Amendment only
guarantees that the right 'shall not be infringed'."
Silberman's ruling also observed, "The right of self-preservation...was
understood as the right to defend oneself against attacks by lawless
individuals, or, if absolutely necessary, to resist and throw off a
tyrannical government."
"Judge Silberman's ruling," Gottlieb said, "reverses 31 years of
unconstitutional infringement on the rights of District of Columbia
residents, not only to keep and bear arms, but to be safe and secure in
their own homes. This is a ruling that should make all citizens proud
that we live in a nation where the rights of individual citizens trump
political correctness."
The ruling may be viewed at:
http://pacer.cadc.uscourts.gov/docs/common/opinions/200703/04-7041a.pdf