Washington Mayor to Take Fight for Gun Law to Supreme Court

[davepc]

Source: New York Times

The District of Columbia will ask the United States Supreme Court to hear its appeal of a decision in March that struck down parts of its gun control law, the district’s mayor, Adrian M. Fenty, announced yesterday.

The decision in March, from a divided three-judge panel of the United States Court of Appeals for the District of Columbia Circuit, was the first in the nation’s history to hold a gun control law unconstitutional on the ground that the Second Amendment’s guarantee of a right to bear arms protects the rights of individuals, as opposed to the collective rights of state militias.

After the full appeals court refused to rehear the case in May, officials in the District of Columbia, apparently wary of putting the nation’s gun laws at risk given the current composition of the Supreme Court, deliberated for more than two months over whether to appeal.

In a statement yesterday, Mr. Fenty said, “We have made the determination that this law can and should be defended, and we are willing to take our case to the highest court in the land to protect the city’s residents.”

Because the District of Columbia Circuit’s interpretation of the Second Amendment is in conflict with that of nine other federal appeals courts, it is considered likely that the Supreme Court will take the case. The court has not ruled on the meaning of the Second Amendment since an ambiguous decision in 1939.

Read more: http://www.nytimes.com/2007/07/17/us/17guns.html?ref=us

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If the court doses in fact decide to hear the case, then this will supersede Miller as the law of the land re: the second amendment. I think it will be the fight both sides of the gun control debate have been anticipating/dreading for years.

For those unfamiliar, Parker v District of Columbia struck down Washington D.C. handgun registration/ban on 2nd amendment grounds.

the opinion of the case is here: http://pacer.cadc.uscourts.gov/docs/common/opinions/200703/04-7041a.pdf

[beyurslf]

1. Stare decisis was lost when Roberts became Chief Justice. Is it no wonder

that lower courts have followed suit?

[Solo_in_MD]

2. This is a major crapshoot, and it should have the Brady Bunch craping their knickers

The DC law was draconian and should have been struck down. By going to SCOTUS, it opens the door to fixing Miller. Hopefully DC loses and NYC and others bill be forced to become more reasonable.