More Guns For The Keys?
A week ago, a federal appeals court for the District of Columbia overturned Washington, D.C.'s long-standing ban on handguns. In doing so the Court rejected the city's argument that the Second Amendment right to bear arms applied only to militias.
The 2-1 decision held that the activities protected by the Second Amendment to the Constitution "are not limited to militia service, nor is an individual's enjoyment of the right [to keep and bear arms] contingent" on being part of a militia.
In a city with a previous reputation as the murder capital of the country, this is no small matter. The U.S. Court of Appeals for the District of Columbia Circuit ruled that the city cannot prevent people from keeping handguns in their homes. The ruling also invalidated a requirement that owners of registered firearms keep them unloaded and disassembled. The court did not deal with provisions of the law that prohibit people from carrying unregistered guns outside their home.
This decision is the first time a federal appeals court has struck down a portion of a gun law on the ground that it violated the Second Amendment to the Constitution.
It's hard to know whether and in what manner other courts may follow suit. It is too early to tell whether the case will get to the U.S. Supreme Court. The harder question is what do you suppose all this means for the Florida Keys?
The Police Executive Research Forum in a recent study noted that the biggest factor in the spike in violent crime is easy access to guns and a willingness to settle disputes with them, especially among young people. This report comes along at the same time there is the divergent holding by the D.C. Court of Appeals mentioned above.
It may be that judges are no longer likely to be persuaded by the notion that denying guns to everyone will result in a safer situation for law-abiding citizens, since access to hand guns (even by those who should not be able to get them) seems relatively easy. Public opinion may also be changing. As law enforcement encounters more difficulty in controlling gun possession and violent crime, a change in public opinion that favors gun ownership based on notions of protection may likely occur. After all, when you think everyone else except you has a gun, it is not very hard to justify the idea that you need one too.
The 2-1 decision held that the activities protected by the Second Amendment to the Constitution "are not limited to militia service, nor is an individual's enjoyment of the right [to keep and bear arms] contingent" on being part of a militia.
In a city with a previous reputation as the murder capital of the country, this is no small matter. The U.S. Court of Appeals for the District of Columbia Circuit ruled that the city cannot prevent people from keeping handguns in their homes. The ruling also invalidated a requirement that owners of registered firearms keep them unloaded and disassembled. The court did not deal with provisions of the law that prohibit people from carrying unregistered guns outside their home.
This decision is the first time a federal appeals court has struck down a portion of a gun law on the ground that it violated the Second Amendment to the Constitution.
It's hard to know whether and in what manner other courts may follow suit. It is too early to tell whether the case will get to the U.S. Supreme Court. The harder question is what do you suppose all this means for the Florida Keys?
The Police Executive Research Forum in a recent study noted that the biggest factor in the spike in violent crime is easy access to guns and a willingness to settle disputes with them, especially among young people. This report comes along at the same time there is the divergent holding by the D.C. Court of Appeals mentioned above.
It may be that judges are no longer likely to be persuaded by the notion that denying guns to everyone will result in a safer situation for law-abiding citizens, since access to hand guns (even by those who should not be able to get them) seems relatively easy. Public opinion may also be changing. As law enforcement encounters more difficulty in controlling gun possession and violent crime, a change in public opinion that favors gun ownership based on notions of protection may likely occur. After all, when you think everyone else except you has a gun, it is not very hard to justify the idea that you need one too.
Labels: Guns
posted by Conchette at 8:40 AM
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