DC's Supreme Court Gun Fight

In 1939, the US Supreme Court heard the last case for individual gun ownership rights. Today, the District of Columbia is fighting another claim. Initially the case was from 6 people who wanted to take guns outside. DC bans all guns outside the home, and required permits for any gun.

The case went through the lower DC courts and the city ban was overturned. The city is asking SCOTUS to hear that case.

Things have changed, since the original case was filed. Both the federal and city lawyers, have dropped 5 of the 6 people from the case...leaving one lone security guard as the sole plaintiff. He is not asking for a gun related to his work, as a security guard.

Here's the Catch 22 in this case. It all falls back on the 1939 case.

SCOTUS was brilliant in it's last ruling.

It upheld the 2nd, as a right of only the states to garner a militia...not an individual right.

But, and this is the rub....it also demanded the states provide the privilege of it's citizens to own a gun, to secure that state militia.

So, your state cannot deny you owning a gun, but can regulate criminals, and others from owning one...as part of a states right.

The whole argument in this DC case...is whether or not, the District has the same rights and responsibilities, of protecting Constitutional rights, granting equivalent state privileges as that of a state.

The SCOTUS ruling was brilliant in balancing a Constitutional amendment, equally, across federal and state authority. The question is should DC be given that same equal protection to provide those rights.

This case has nothing to do with guns, but the district's unique position as a non-state entity.

Published

September 5, 2007 - 7:36am

Author

randomness