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	<title>Comments on: D.C. Circuit rules Second Amendment grants individual right to bear arms; Update: SC may decide in June 2008</title>
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	<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/</link>
	<description>The world’s first, full-service conservative Internet broadcast network</description>
	<lastBuildDate>Wed, 15 Feb 2012 06:22:33 +0000</lastBuildDate>
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		<title>By: Hot Air &#187; Blog Archive &#187; Audio: Fred! on the Second Amendment</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-396637</link>
		<dc:creator>Hot Air &#187; Blog Archive &#187; Audio: Fred! on the Second Amendment</dc:creator>
		<pubDate>Fri, 11 May 2007 01:57:12 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-396637</guid>
		<description>[...] The news peg here, incidentally, is the D.C. Circuit&#8217;s decision a few days ago to deny a rehearing of that big Second Amendment decision that was handed down in March. That&#8217;s great news for gun-rights supporters: the nightmare scenario was that they&#8217;d grant the rehearing and reverse the ruling, which would have had the doubly bad effect of reinstituting gun-control laws in D.C. while also giving the Supreme Court a convenient excuse not to hear the case itself As it stands, the Supremes can either take a pass on it, in which case the gun-rights decision remains the leading precedent in D.C., or they can grant cert and finally deal with the Second Amendment&#8217;s core issue of individual versus collective rights squarely. Whatever happens, it&#8217;s a big deal.       digg_url = &#039;http://hotair.com/archives/2007/05/10/audio-fred-on-the-second-amendment/&#039;;digg_topic = &#039;political_opinion&#039;; [...]</description>
		<content:encoded><![CDATA[<p>[...] The news peg here, incidentally, is the D.C. Circuit&#8217;s decision a few days ago to deny a rehearing of that big Second Amendment decision that was handed down in March. That&#8217;s great news for gun-rights supporters: the nightmare scenario was that they&#8217;d grant the rehearing and reverse the ruling, which would have had the doubly bad effect of reinstituting gun-control laws in D.C. while also giving the Supreme Court a convenient excuse not to hear the case itself As it stands, the Supremes can either take a pass on it, in which case the gun-rights decision remains the leading precedent in D.C., or they can grant cert and finally deal with the Second Amendment&#8217;s core issue of individual versus collective rights squarely. Whatever happens, it&#8217;s a big deal.       digg_url = &#8216;<a href="http://hotair.com/archives/2007/05/10/audio-fred-on-the-second-amendment/&#039;;digg_topic" rel="nofollow">http://hotair.com/archives/2007/05/10/audio-fred-on-the-second-amendment/&#039;;digg_topic</a> = &#8216;political_opinion&#8217;; [...]</p>
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		<title>By: Right Wing News</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-324910</link>
		<dc:creator>Right Wing News</dc:creator>
		<pubDate>Mon, 26 Mar 2007 21:25:25 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-324910</guid>
		<description>&lt;strong&gt;Gun Recommendations...&lt;/strong&gt;

I&#039;m so excited about the possibility of owning a gun! In D.C., only the criminals and cops have guns. We law-abiding residents just have to take our chances. The following was posted on my blog on March 9, the day......</description>
		<content:encoded><![CDATA[<p><strong>Gun Recommendations&#8230;</strong></p>
<p>I&#8217;m so excited about the possibility of owning a gun! In D.C., only the criminals and cops have guns. We law-abiding residents just have to take our chances. The following was posted on my blog on March 9, the day&#8230;&#8230;</p>
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		<title>By: 2nd Amendment Blogburst at Traction Control</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-303315</link>
		<dc:creator>2nd Amendment Blogburst at Traction Control</dc:creator>
		<pubDate>Thu, 15 Mar 2007 01:29:21 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-303315</guid>
		<description>[...] D.C. Circuit rules Second Amendment grants individual right to bear arms; Update: SC may decide in June 2008 InstaGlenn’s an expert on SA jurisprudence so keep your eye on this post for updates, but even knowing as little as I do about Second Amendment law, I can tell you this is big. The Supreme Court hasn’t squarely addressed the question of whether the right to bear arms is an individual or collective right in almost 70 years, and even then they didn’t address it so squarely. But they might now: the D.C. Circuit is the most influential court in America next to SCOTUS itself and the author of the opinion, Laurence Silberman, is a conservative judicial icon who was considered for elevation when he was younger. His ruling cuts against the grain of most appellate case law too, as I understand it, and the Supremes abhor a circuit split. Combine all that with the fact that we might have a Democrat appointing new justices two years from now and there’ll be heavy pressure on Roberts, Scalia, Thomas, and Alito to take the case (which only requires four votes) and get a ruling on the books before the Court loses its conservative majority. [...]</description>
		<content:encoded><![CDATA[<p>[...] D.C. Circuit rules Second Amendment grants individual right to bear arms; Update: SC may decide in June 2008 InstaGlenn’s an expert on SA jurisprudence so keep your eye on this post for updates, but even knowing as little as I do about Second Amendment law, I can tell you this is big. The Supreme Court hasn’t squarely addressed the question of whether the right to bear arms is an individual or collective right in almost 70 years, and even then they didn’t address it so squarely. But they might now: the D.C. Circuit is the most influential court in America next to SCOTUS itself and the author of the opinion, Laurence Silberman, is a conservative judicial icon who was considered for elevation when he was younger. His ruling cuts against the grain of most appellate case law too, as I understand it, and the Supremes abhor a circuit split. Combine all that with the fact that we might have a Democrat appointing new justices two years from now and there’ll be heavy pressure on Roberts, Scalia, Thomas, and Alito to take the case (which only requires four votes) and get a ruling on the books before the Court loses its conservative majority. [...]</p>
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		<title>By: KCtheKat</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-298336</link>
		<dc:creator>KCtheKat</dc:creator>
		<pubDate>Sun, 11 Mar 2007 19:49:46 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-298336</guid>
		<description>&quot;God made all men, Colt make all men equal.&quot; I still love that quote.</description>
		<content:encoded><![CDATA[<p>&#8220;God made all men, Colt make all men equal.&#8221; I still love that quote.</p>
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		<title>By: Lest Darkness Fall</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-297476</link>
		<dc:creator>Lest Darkness Fall</dc:creator>
		<pubDate>Sun, 11 Mar 2007 06:06:21 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-297476</guid>
		<description>&lt;strong&gt;Dangerous Ruling for the Bad Guys...&lt;/strong&gt;

Fantastic news for several reasons:

    * Residents of crime ridden Washington D.C. can now more easily own the means to defend themselves

    * If D.C. residents use guns to defend themselves, we should see the usual drop in violent crime and ho...</description>
		<content:encoded><![CDATA[<p><strong>Dangerous Ruling for the Bad Guys&#8230;</strong></p>
<p>Fantastic news for several reasons:</p>
<p>    * Residents of crime ridden Washington D.C. can now more easily own the means to defend themselves</p>
<p>    * If D.C. residents use guns to defend themselves, we should see the usual drop in violent crime and ho&#8230;</p>
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		<title>By: Nonfactor</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-297032</link>
		<dc:creator>Nonfactor</dc:creator>
		<pubDate>Sat, 10 Mar 2007 21:45:10 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-297032</guid>
		<description>The damn judges shouldn&#039;t be making decis...

Oh wait; I&#039;m saving that rant for another topic.</description>
		<content:encoded><![CDATA[<p>The damn judges shouldn&#8217;t be making decis&#8230;</p>
<p>Oh wait; I&#8217;m saving that rant for another topic.</p>
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		<title>By: ScottyDog</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-296950</link>
		<dc:creator>ScottyDog</dc:creator>
		<pubDate>Sat, 10 Mar 2007 19:30:42 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-296950</guid>
		<description>&lt;blockquote&gt;I hope so, the people’s republic of Kalifornia has a ridiculous ban on the black rifle. And while I don’t favor AR’s for airsofting; this would allow me to finally get a HK91 that I’ve always wanted (no “pistol grips” in the PRCal)!

Molon Labe!!!!!

liquidflorian on March 9, 2007 at 9:31 PM&lt;/blockquote&gt;

Take a look at the new &lt;a href=&quot;http://www.barrettrifles.com/rifle_468.aspx&quot; rel=&quot;nofollow&quot;&gt;Barrett Model M468&lt;/a&gt; based in the new 6.8 Remington SPC that is going to replace the M-16. I saw it demonstrated on the &lt;a href=&quot;http://dsc.discovery.com/tvlistings/episode.jsp?episode=4&amp;cpi=25429&amp;gid=0&amp;channel=DSC&quot; rel=&quot;nofollow&quot;&gt;Discovery Channel&lt;/a&gt; the other night and was very impressed. Of course the California Legislature will probably try to ban it too.</description>
		<content:encoded><![CDATA[<blockquote><p>I hope so, the people’s republic of Kalifornia has a ridiculous ban on the black rifle. And while I don’t favor AR’s for airsofting; this would allow me to finally get a HK91 that I’ve always wanted (no “pistol grips” in the PRCal)!</p>
<p>Molon Labe!!!!!</p>
<p>liquidflorian on March 9, 2007 at 9:31 PM</p></blockquote>
<p>Take a look at the new <a href="http://www.barrettrifles.com/rifle_468.aspx" rel="nofollow">Barrett Model M468</a> based in the new 6.8 Remington SPC that is going to replace the M-16. I saw it demonstrated on the <a href="http://dsc.discovery.com/tvlistings/episode.jsp?episode=4&amp;cpi=25429&amp;gid=0&amp;channel=DSC" rel="nofollow">Discovery Channel</a> the other night and was very impressed. Of course the California Legislature will probably try to ban it too.</p>
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		<title>By: Mazztek</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-296898</link>
		<dc:creator>Mazztek</dc:creator>
		<pubDate>Sat, 10 Mar 2007 18:38:18 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-296898</guid>
		<description>&lt;strong&gt;Wherever he pleases!&lt;/strong&gt;</description>
		<content:encoded><![CDATA[<p><strong>Wherever he pleases!</strong></p>
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		<title>By: RedinBlueCounty</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-296835</link>
		<dc:creator>RedinBlueCounty</dc:creator>
		<pubDate>Sat, 10 Mar 2007 17:14:08 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-296835</guid>
		<description>&lt;blockquote&gt;I want my tank!&lt;/blockquote&gt;&lt;blockquote&gt;
Ok, but where will you park it?&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<blockquote><p>I want my tank!</p></blockquote>
<blockquote><p>
Ok, but where will you park it?</p></blockquote>
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		<title>By: ScottyDog</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-296820</link>
		<dc:creator>ScottyDog</dc:creator>
		<pubDate>Sat, 10 Mar 2007 16:44:04 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-296820</guid>
		<description>Finally, somebody actually read the Constitution. 

Now New Yorkers should sue to get rid of their un-Constitutional Sullivan laws.</description>
		<content:encoded><![CDATA[<p>Finally, somebody actually read the Constitution. </p>
<p>Now New Yorkers should sue to get rid of their un-Constitutional Sullivan laws.</p>
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		<title>By: Freelancer</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-296603</link>
		<dc:creator>Freelancer</dc:creator>
		<pubDate>Sat, 10 Mar 2007 10:19:54 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-296603</guid>
		<description>Can we please trade the members of the 1st district appeals court with our 9th circus? Maybe soon, if this sort of thing keeps up, some favored hardware can come out of hiding.

The only proper concept of gun control results in HLOT.</description>
		<content:encoded><![CDATA[<p>Can we please trade the members of the 1st district appeals court with our 9th circus? Maybe soon, if this sort of thing keeps up, some favored hardware can come out of hiding.</p>
<p>The only proper concept of gun control results in HLOT.</p>
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		<title>By: Appeals Court victory for handgun ownership - Gun and Game Forums</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-296342</link>
		<dc:creator>Appeals Court victory for handgun ownership - Gun and Game Forums</dc:creator>
		<pubDate>Sat, 10 Mar 2007 05:56:59 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-296342</guid>
		<description>[...] A compilation of info on the ruling: Hot Air </description>
		<content:encoded><![CDATA[<p>[...] A compilation of info on the ruling: Hot Air</p>
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		<title>By: Merovign</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-296264</link>
		<dc:creator>Merovign</dc:creator>
		<pubDate>Sat, 10 Mar 2007 04:31:39 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-296264</guid>
		<description>If either court (the en banc Appellate court or the Supremes) does overturn this decision, I think it&#039;s encumbent upon them to explain why they decided to overlook literally every word the Founders wrote about the document they&#039;d created.

That would be an amusing story, to be sure.

I am frequently boggled by the inane arguments that come out of the controller&#039;s mouths, and rarely does the debate last more than a few minutes (or posts). The history of individual disarmament is crystal clear.

The most boggling thing is the refusal to realize that, whether or not you WANT to be responsible for your own safety in the face of a world full of risks, you still have to face those risks.

We in Western civilization tend to forget the history of brutality that is human history. We are the same kind of people who sacked Rome, the same kind of people who tore out the heart of their victims by the thousand in South America, the same kind of people who tortured and killed by the millions in our bloodiest wars.

We have proven that we can control those forces of human nature - but we must come to grips with the fact that not everyone chooses to do so. Attempting the inculcate the desire for self-control is the process we call &quot;Civilization.&quot;

Yes, I said process. Civilization isn&#039;t a thing you possess, it&#039;s a process you undertake. The reward for self-control is a society where freedom is possible. Without the reward, what motive is there to undertake the process?

No freedom, no peace. It&#039;s not a threat, it&#039;s an observation.</description>
		<content:encoded><![CDATA[<p>If either court (the en banc Appellate court or the Supremes) does overturn this decision, I think it&#8217;s encumbent upon them to explain why they decided to overlook literally every word the Founders wrote about the document they&#8217;d created.</p>
<p>That would be an amusing story, to be sure.</p>
<p>I am frequently boggled by the inane arguments that come out of the controller&#8217;s mouths, and rarely does the debate last more than a few minutes (or posts). The history of individual disarmament is crystal clear.</p>
<p>The most boggling thing is the refusal to realize that, whether or not you WANT to be responsible for your own safety in the face of a world full of risks, you still have to face those risks.</p>
<p>We in Western civilization tend to forget the history of brutality that is human history. We are the same kind of people who sacked Rome, the same kind of people who tore out the heart of their victims by the thousand in South America, the same kind of people who tortured and killed by the millions in our bloodiest wars.</p>
<p>We have proven that we can control those forces of human nature &#8211; but we must come to grips with the fact that not everyone chooses to do so. Attempting the inculcate the desire for self-control is the process we call &#8220;Civilization.&#8221;</p>
<p>Yes, I said process. Civilization isn&#8217;t a thing you possess, it&#8217;s a process you undertake. The reward for self-control is a society where freedom is possible. Without the reward, what motive is there to undertake the process?</p>
<p>No freedom, no peace. It&#8217;s not a threat, it&#8217;s an observation.</p>
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		<title>By: BelchSpeak &#187; 2nd Amendment Back in DC</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-296140</link>
		<dc:creator>BelchSpeak &#187; 2nd Amendment Back in DC</dc:creator>
		<pubDate>Sat, 10 Mar 2007 02:40:00 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-296140</guid>
		<description>[...] I am not a handgun guy, but I do like that the 2nd amendment is being upheld.  For much better analysis on this, see Hotair. [...]</description>
		<content:encoded><![CDATA[<p>[...] I am not a handgun guy, but I do like that the 2nd amendment is being upheld.  For much better analysis on this, see Hotair. [...]</p>
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		<title>By: liquidflorian</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-296129</link>
		<dc:creator>liquidflorian</dc:creator>
		<pubDate>Sat, 10 Mar 2007 02:31:22 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-296129</guid>
		<description>&lt;blockquote&gt;Wait a minute?

If the Second Amendment grants an individual the right to own a weapon, does the fourteenth amendment (incorporation doctrine) render all state and local gun control laws (ie. background checks, assault weapons bans, ect..) unconstitutional?&lt;/blockquote&gt;

I hope so, the people&#039;s republic of Kalifornia has a ridiculous ban on the black rifle.  And while I don&#039;t favor AR&#039;s for airsofting; this would allow me to finally get a HK91 that I&#039;ve always wanted (no &quot;pistol grips&quot; in the PRCal)!  

Molon Labe!!!!!</description>
		<content:encoded><![CDATA[<blockquote><p>Wait a minute?</p>
<p>If the Second Amendment grants an individual the right to own a weapon, does the fourteenth amendment (incorporation doctrine) render all state and local gun control laws (ie. background checks, assault weapons bans, ect..) unconstitutional?</p></blockquote>
<p>I hope so, the people&#8217;s republic of Kalifornia has a ridiculous ban on the black rifle.  And while I don&#8217;t favor AR&#8217;s for airsofting; this would allow me to finally get a HK91 that I&#8217;ve always wanted (no &#8220;pistol grips&#8221; in the PRCal)!  </p>
<p>Molon Labe!!!!!</p>
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		<title>By: ScottG</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-296092</link>
		<dc:creator>ScottG</dc:creator>
		<pubDate>Sat, 10 Mar 2007 02:18:16 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-296092</guid>
		<description>&lt;blockquote&gt;Better hurry, Rack Grade M1s are all that’s left…. 
I’d rather have a &lt;strong&gt;new&lt;/strong&gt; one anyway.

TexasDan on March 9, 2007 at 2:46 PM

&lt;/blockquote&gt;
Heaven forfend!!!!</description>
		<content:encoded><![CDATA[<blockquote><p>Better hurry, Rack Grade M1s are all that’s left….<br />
I’d rather have a <strong>new</strong> one anyway.</p>
<p>TexasDan on March 9, 2007 at 2:46 PM</p>
</blockquote>
<p>Heaven forfend!!!!</p>
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		<title>By: Maxx</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-296077</link>
		<dc:creator>Maxx</dc:creator>
		<pubDate>Sat, 10 Mar 2007 02:03:03 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-296077</guid>
		<description>&lt;blockquote&gt;georgej on March 9, 2007 at 5:21 PM&lt;/blockquote&gt;

Good post georgej, it sounds like you are very well informed on this issue, I wish more Americans were. Our Founding Fathers gave us a wonderful with the The Bill of Rights, but without the Second Amendment, it&#039;s just words on a piece of paper. Jefferson said it best....

&lt;blockquote&gt;When the government fears the people, you have liberty. When the people fear the government, you have tyranny. 

Thomas Jefferson, Third U.S. President, Declaration of Independence -- principal author&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<blockquote><p>georgej on March 9, 2007 at 5:21 PM</p></blockquote>
<p>Good post georgej, it sounds like you are very well informed on this issue, I wish more Americans were. Our Founding Fathers gave us a wonderful with the The Bill of Rights, but without the Second Amendment, it&#8217;s just words on a piece of paper. Jefferson said it best&#8230;.</p>
<blockquote><p>When the government fears the people, you have liberty. When the people fear the government, you have tyranny. </p>
<p>Thomas Jefferson, Third U.S. President, Declaration of Independence &#8212; principal author</p></blockquote>
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		<title>By: DC Gun ban declared unconstitutional &#8212; ya think? &#171; Sunflower Desert</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-295893</link>
		<dc:creator>DC Gun ban declared unconstitutional &#8212; ya think? &#171; Sunflower Desert</dc:creator>
		<pubDate>Fri, 09 Mar 2007 23:34:21 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-295893</guid>
		<description>[...] HotAir,  Right Voices, and Ace [...]</description>
		<content:encoded><![CDATA[<p>[...] HotAir,  Right Voices, and Ace [...]</p>
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		<title>By: infidel4life</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-295843</link>
		<dc:creator>infidel4life</dc:creator>
		<pubDate>Fri, 09 Mar 2007 23:07:24 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-295843</guid>
		<description>In a related story, the Federal Government has graciously granted permission for the sky to be blue and water to be wet.</description>
		<content:encoded><![CDATA[<p>In a related story, the Federal Government has graciously granted permission for the sky to be blue and water to be wet.</p>
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		<title>By: Zorro</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-295832</link>
		<dc:creator>Zorro</dc:creator>
		<pubDate>Fri, 09 Mar 2007 22:56:55 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-295832</guid>
		<description>&lt;blockquote&gt;Not just a constitutional right, but a pre-constitutional NATURAL RIGHT, baby. Thomas writes the majority. 

see-dubya on March 9, 2007 at 11:50 AM&lt;/blockquote&gt;

&quot;...the right of the people...&quot; to celebrate!  Yeah buddy.</description>
		<content:encoded><![CDATA[<blockquote><p>Not just a constitutional right, but a pre-constitutional NATURAL RIGHT, baby. Thomas writes the majority. </p>
<p>see-dubya on March 9, 2007 at 11:50 AM</p></blockquote>
<p>&#8220;&#8230;the right of the people&#8230;&#8221; to celebrate!  Yeah buddy.</p>
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		<title>By: eeyore</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-295829</link>
		<dc:creator>eeyore</dc:creator>
		<pubDate>Fri, 09 Mar 2007 22:51:37 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-295829</guid>
		<description>&lt;blockquote&gt;This is bad news for the Dem hopefuls. They will be all asked about this and, for them, the answer is a no win. 
TheBigOldDog on March 9, 2007 at 2:04 PM&lt;/blockquote&gt;
Sadly, I think you&#039;re incorrect. It&#039;s a win with their base: &quot;The other day I was talking with Jim Brady from his wheelchair...&quot; &quot;This will make it so much harder to enforce &lt;strong&gt;sensible &lt;/strong&gt;gun restrictions...&quot; &quot;You must elect us so that a Republican President cannot put another justice on the Court who will make it impossible for you to walk down any street in America safely...&quot; This ignorant crap almost writes itself.</description>
		<content:encoded><![CDATA[<blockquote><p>This is bad news for the Dem hopefuls. They will be all asked about this and, for them, the answer is a no win.<br />
TheBigOldDog on March 9, 2007 at 2:04 PM</p></blockquote>
<p>Sadly, I think you&#8217;re incorrect. It&#8217;s a win with their base: &#8220;The other day I was talking with Jim Brady from his wheelchair&#8230;&#8221; &#8220;This will make it so much harder to enforce <strong>sensible </strong>gun restrictions&#8230;&#8221; &#8220;You must elect us so that a Republican President cannot put another justice on the Court who will make it impossible for you to walk down any street in America safely&#8230;&#8221; This ignorant crap almost writes itself.</p>
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		<title>By: georgej</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-295805</link>
		<dc:creator>georgej</dc:creator>
		<pubDate>Fri, 09 Mar 2007 22:22:41 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-295805</guid>
		<description>Hening writes: &quot;So if it’s collective, who wants to chip in on a Glock?&quot;

Uh, the court said it is an INDIVIDUAL right, not a collective right.</description>
		<content:encoded><![CDATA[<p>Hening writes: &#8220;So if it’s collective, who wants to chip in on a Glock?&#8221;</p>
<p>Uh, the court said it is an INDIVIDUAL right, not a collective right.</p>
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		<title>By: georgej</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-295803</link>
		<dc:creator>georgej</dc:creator>
		<pubDate>Fri, 09 Mar 2007 22:21:21 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-295803</guid>
		<description>&lt;blockquote&gt;If the Second Amendment grants an individual the right to own a weapon, does the fourteenth ammendment (incorporation doctrine) render all state and local gun control laws (ie. background checks, assault weapons bans, ect..) unconstitutional?&lt;/blockquote&gt;

It does in the 1st and 5th US Districts (see Emerson), both of whom have upheld the &quot;standard model&quot; interpretation.  But it opens the door to overthrow all gun bans, particularly &quot;assault weapon&quot; bans nation wide if it ss not overturned by the USSC.

Does it invalidate all gun control laws in those 2 districts? Nope. However, laws requiring gun lock or secure storage at all times, &quot;registration&quot; laws that effectively ban handguns like in Chicago, gun and bullet &quot;taxes,&quot; or others laws that prevent lawful ownership of guns are likely to now be struck down in the 5th and 1st districts.

It would not necessarily overturn registration laws, background checks, laws prohibiting felon ownership, Firearms Owners ID cards, waiting periods, and so on. In fact, I think it unlikely that registration laws will be affected unless they are shown to be &quot;back-door&quot; prohibition, as the DC ban was.

The 9th District&#039;s rulings that the 2nd is a &quot;collective right&quot; are now threatened as well, especially if the Supreme Court upholds the 1st district.  

No doubt this case will be used in the other districts as precedent, including the 9th, though appellate rulings are not BINDING on other districts.  Appellate judges are influenced by decisions in other distructs, thought not bound by them until the USSC hears them and rules on them.

But the biggest damage this ruling has to the liberals (particulary Schumer, Durbin, McCarthy, and Pelosi) is to the revived &quot;AW&quot; ban being considered in Congress, as it upholds the idea that the Militia&#039;s need to have weapons suitable for fighting war cannot be infringed.

It means that laws that block semi-auto ownership (such as the proposed bill) or that prohibit guns firing &quot;military calibers&quot; (i.e., 9mm or 5.56mm, 7.62mm, .50BMG caliber, etc.) are going to be under direct challenge because the ruling directly refers the the Militia and their arms.

Does it mean you can go out and buy artillery, machine guns, or other crew-served weapons systems? No, though the flat out 1986 prohibition for NEWLY manufactured machine gun owernship enacted back-door in the Firearms Owners Protection Bill might be vulnerable to being overturned.  The National Firearms Act of 1934 requiring a tax for &quot;class 3&quot; firearms and destructive devices is not involved because NFA does not prohibit possesson, only taxes it. However, state laws that outright prohibit possession of NFA weapons are now vulnerable to being overturned.

&lt;strong&gt;This is a GOOD day for gun owners, the NRA, GOA, and other RKBA supporting organizations.&lt;/strong&gt;

It&#039;s a very bad day for the gun grabbers (&quot;boo-freaking-hoo&quot;) and politicians like Rudy and McCain who support &quot;gun control.&quot;  BOO-FREAKIN&#039;-HOO  and HA-HA-HA-HA-HA to them.</description>
		<content:encoded><![CDATA[<blockquote><p>If the Second Amendment grants an individual the right to own a weapon, does the fourteenth ammendment (incorporation doctrine) render all state and local gun control laws (ie. background checks, assault weapons bans, ect..) unconstitutional?</p></blockquote>
<p>It does in the 1st and 5th US Districts (see Emerson), both of whom have upheld the &#8220;standard model&#8221; interpretation.  But it opens the door to overthrow all gun bans, particularly &#8220;assault weapon&#8221; bans nation wide if it ss not overturned by the USSC.</p>
<p>Does it invalidate all gun control laws in those 2 districts? Nope. However, laws requiring gun lock or secure storage at all times, &#8220;registration&#8221; laws that effectively ban handguns like in Chicago, gun and bullet &#8220;taxes,&#8221; or others laws that prevent lawful ownership of guns are likely to now be struck down in the 5th and 1st districts.</p>
<p>It would not necessarily overturn registration laws, background checks, laws prohibiting felon ownership, Firearms Owners ID cards, waiting periods, and so on. In fact, I think it unlikely that registration laws will be affected unless they are shown to be &#8220;back-door&#8221; prohibition, as the DC ban was.</p>
<p>The 9th District&#8217;s rulings that the 2nd is a &#8220;collective right&#8221; are now threatened as well, especially if the Supreme Court upholds the 1st district.  </p>
<p>No doubt this case will be used in the other districts as precedent, including the 9th, though appellate rulings are not BINDING on other districts.  Appellate judges are influenced by decisions in other distructs, thought not bound by them until the USSC hears them and rules on them.</p>
<p>But the biggest damage this ruling has to the liberals (particulary Schumer, Durbin, McCarthy, and Pelosi) is to the revived &#8220;AW&#8221; ban being considered in Congress, as it upholds the idea that the Militia&#8217;s need to have weapons suitable for fighting war cannot be infringed.</p>
<p>It means that laws that block semi-auto ownership (such as the proposed bill) or that prohibit guns firing &#8220;military calibers&#8221; (i.e., 9mm or 5.56mm, 7.62mm, .50BMG caliber, etc.) are going to be under direct challenge because the ruling directly refers the the Militia and their arms.</p>
<p>Does it mean you can go out and buy artillery, machine guns, or other crew-served weapons systems? No, though the flat out 1986 prohibition for NEWLY manufactured machine gun owernship enacted back-door in the Firearms Owners Protection Bill might be vulnerable to being overturned.  The National Firearms Act of 1934 requiring a tax for &#8220;class 3&#8243; firearms and destructive devices is not involved because NFA does not prohibit possesson, only taxes it. However, state laws that outright prohibit possession of NFA weapons are now vulnerable to being overturned.</p>
<p><strong>This is a GOOD day for gun owners, the NRA, GOA, and other RKBA supporting organizations.</strong></p>
<p>It&#8217;s a very bad day for the gun grabbers (&#8220;boo-freaking-hoo&#8221;) and politicians like Rudy and McCain who support &#8220;gun control.&#8221;  BOO-FREAKIN&#8217;-HOO  and HA-HA-HA-HA-HA to them.</p>
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		<title>By: AZPatriot</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-295784</link>
		<dc:creator>AZPatriot</dc:creator>
		<pubDate>Fri, 09 Mar 2007 22:06:57 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-295784</guid>
		<description>Press for support of this bill &lt;a href=&quot;http://www.govtrack.us/congress/billtext.xpd?bill=h110-1096&quot; rel=&quot;nofollow&quot;&gt;HR 1096&lt;/a&gt; Repeal of the gun control act.</description>
		<content:encoded><![CDATA[<p>Press for support of this bill <a href="http://www.govtrack.us/congress/billtext.xpd?bill=h110-1096" rel="nofollow">HR 1096</a> Repeal of the gun control act.</p>
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		<title>By: opiemuyo</title>
		<link>http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/comment-page-1/#comment-295719</link>
		<dc:creator>opiemuyo</dc:creator>
		<pubDate>Fri, 09 Mar 2007 21:21:05 +0000</pubDate>
		<guid isPermaLink="false">http://hotair.com/archives/2007/03/09/dc-circuit-rules-second-amendment-grants-individual-right-to-bear-arms/#comment-295719</guid>
		<description>Does the DC Court accept fan mail?</description>
		<content:encoded><![CDATA[<p>Does the DC Court accept fan mail?</p>
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