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Cert granted in Parker!!!!!
Order here.
Court rephrased the question presented as:
"Whether the following provisions, D.C.
Code ยงยง 7-2502.02(a)(4), 22-4504(a), and 7-2507.02, violate the
Second Amendment rights of individuals who are not affiliated
with any state-regulated militia, but who wish to keep handguns
and other firearms for private use in their homes? "
DC had phrased it as:
"Whether the Second Amendment forbids the District of
Columbia from banning private possession of handguns
while allowing possession of rifles and shotguns."
Parker/Heller had phrased it as:
" Whether the Second Amendment guarantees law-
abiding, adult individuals a right to keep ordinary,
functional firearms, including handguns, in their
homes."
7-2502 is the registration requirement. 2502.02 is the ban. 22-4504 is the pistol carry permit, which was construed to cover moving of a firearm within the home. 2507.2 is the "functional firearm" ban. Inclusion of the last in the grant is, I think, a good sign for Parker/Heller. They wanted it included, but DC insisted it hadn't filed for cert. on the issue. Well, the Court took care of that.
UPDATE: here's the Brady Campaign press release.
Comments
Prime and load. Make ready!
Posted by: Rudy DiGiacinto at November 20, 2007 11:23 AM
Looks like they are going to address the issue of long arms in the home but not the issue of standing.
Posted by: Assman at November 20, 2007 11:29 AM
The REAL question?
"...of individuals who are not affiliated
with any state-regulated militia,..."
Posted by: RKM at November 20, 2007 11:32 AM
Any thoughts on the qualifying phrase "keep ... in their homes" (as opposed to, for example, possession in a broader sense)?
Or does SCOTUS wording basically mirror the DC code wording?
Posted by: PN NJ at November 20, 2007 11:46 AM
Dear Lord,
For what we are about to receive, may we be truly thankful.
Amen.
Posted by: RKV at November 20, 2007 01:02 PM
Whether ... violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia,Doesn't the wording of that assume up front that the 2A recognizes an individual right, rather than leave that open as a question to be argued? It seems to me that the SCOTUS has, in the wording of the question, already made this an individual-right victory...
Posted by: John Hardin at November 20, 2007 01:04 PM
Five exclamation points?????
But interesting times, indeed!
Posted by: William Newman at November 20, 2007 01:32 PM
Looks like the Court is narrowing the issue as much as possible with its terminology. I don't know if there is anything to be read into that.
Posted by: happycynic at November 20, 2007 01:40 PM
Looks like the Court is narrowing the issue as much as possible with its terminology.
I disagree. DC tried to narrow it, but the court is also considering the ban on [non-handgun] functional firearms in the home (2507.2).
Isn't it addressing the issue of standing as well? Wouldn't finding that "individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes" have a Second Amendment right to do so mean that such individuals have standing in federal court whenever such rights are being infringed?
Posted by: Peter K. Boucher at November 20, 2007 02:25 PM
Doesn't the Bill of Rights mean what the Bill of Rights means? Isn't it clear from history and the writings of the founders what the Bill of Rights means? Surly it's not another right to choose.
Posted by: 10ksnooker at November 20, 2007 02:35 PM
I can't help but think "be careful what you wish for." Fingers crossed!
Posted by: Jim at November 20, 2007 02:36 PM
I think the issue of standing remains open. We may hear about it next week, we may not.
Is there any way to determine who voted in favor of granting cert?
Posted by: Kevin Baker at November 20, 2007 02:39 PM
I'm no lawyer, but when I first read their framing of the question, it gave me a real good feeling.
They use the word "individual". They take into account DC's ban on *all* functioning firearms, not some limited category (handguns). No mention of the "DC is not a state" argument.
They're going at the crux of the issue, and my gut says it'll come down in our favor.
Posted by: Chris at November 20, 2007 02:42 PM
CNN wrote this: "The U.S. Supreme Court agreed Tuesday to decide whether the District of Columbia's sweeping ban on handgun ownership violates the Constitution's fundamental right to 'keep and bear arms.'"
Reuters wrote much the same.
Are they both careless readers (not noticing that 2507.2 is on the table), or do they think this helps them spin the story in DC's favor? I don't get it.
Posted by: Peter K. Boucher at November 20, 2007 03:13 PM
CNN actually was not careless and did get it wrong: "A federal appeals court in March ruled the handgun ban to be unconstitutional as well as a provision that rifles and shotguns -- which are legal to own in the city -- be kept in the home unloaded and fitted with trigger locks or disassembled. The rifle regulations are not at issue before the Supreme Court."
Posted by: Peter K. Boucher at November 20, 2007 03:17 PM
There are two areas of the law about which I know a great deal: 1) the area in which I spend about 80% of my time, and 2) firearms law. The Mainstream Media only very rarely get the story right in either one of them.
Posted by: Letalis Maximus, Esq. at November 20, 2007 03:32 PM
I feel like Squeaks looking at a python tail.
Posted by: Don Gwinn at November 20, 2007 04:45 PM
I think the Court is going to have to be very careful as this could render the District equivalent to a state. The liberals could come right back and say that since teh court treated the District as state like then the district should have full representation in Congress like a state. Like it or not that would be 2 liberal senators and 1 liberal representative. I am sure they'd word any decision carefully, but this has been rolling around in my head since Parker/Heller came up. Could this have been the wrong case to choose for a cert petition? Too many variables? Maybe it should have came out of a state or city ban like New York that wouldn't expose reinterpretation of DC as a political entity.
Posted by: NJ Guns at November 20, 2007 05:24 PM
This has no possible impact on the District being regarded as a state. The case was VERY carefully structured to AVOID anything which might give the Courts room to dodge the issue of whether individuals have a right to keep arms under the Second Amendment. They specifically avoid the topic of carrying in public, or appealing a conviction, incorporation, or anything else that might allow another evasion.
Posted by: James Cochrane at November 20, 2007 07:33 PM
18 USC 921 defines Washington DC as a state for weapons issues.
Posted by: John Tate at November 21, 2007 07:08 AM
The "in their homes" is an effort to reduce the implications of the obvious outcome. The SCOTUS doesn't want to immediately fell restrictions on public carry. Gura et all are probably OK with this, as this is the way they have presented the case all along. The goal here is to get a clear decision re-affirming the individual right. Anything/ Everything else grows from that individual right. This decision is the cornerstone. Even after the SCOTUS re-affirms the basic right, there will still be plenty left to keep the NRA busy for decades.
Posted by: anon at November 21, 2007 08:03 AM
Exactly - the restrictions have been added one step at a time, we have to remove one step at a time. That having been said - this case is removing the cornerstone of the restrictions...
Posted by: Ian Argent at November 21, 2007 12:40 PM
