Held FOR the 2nd Amendment - The Firearms Forum

Marlin · 03-10-2007, 10:22 AM

Here is Joe Farah's commentary on the DC Circuit case nullifying the District of C0olumbia's draconian gun control law.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Saturday, March 10, 2007

Praise the appeals court
and pass the ammunition
March 10, 2007
By Joseph Farah

© 2007

When was the last time you remember good news out of Washington?

Yet, that's just what we got yesterday in an amazingly and uncharacteristically common-sense decision by a federal appeals court.

The 2-1 opinion not only overturned the District of Columbia's onerous 30-year-old handgun ban, it did so for the right reason – the Second Amendment!

Pinch me, I'm afraid I'm dreaming.

Imagine someone in Washington – judges, no less – actually paying attention to what the Constitution has to say.

The judges found the protections of the Second Amendment "are not limited to militia service, nor is an individual's enjoyment of the right contingent upon his or her continued intermittent enrollment in the militia."

The judges also ruled as unconstitutional the city's requirement that registered firearms be kept unloaded, disassembled and under trigger lock.

"The (Second) Amendment does not protect 'the right of militiamen to keep and bear arms,' but rather 'the right of the people,'" the judges found.

Even the dissenting judge in this case, Judge Karen Henderson, did not disagree with the substance of the constitutional argument. Her minority opinion contended the Second Amendment didn't apply to the District of Columbia because it is not a state.

The ruling represents one of the most forceful defenses of the Second Amendment in any recent federal court case.

"Again, we point out that if the competent drafters of the Second Amendment had meant the right to be limited to the protection of state militias, it is hard to imagine that they would have chosen the language they did," the majority opinion stated. "We therefore take it as an expression of the drafters' view that the people possessed a natural right to keep and bear arms, and that the preservation of the militia was the right's most salient political benefit – and thus the most appropriate to express in a political document."

They said it!

In fact, if there is any doubt about the plain-spoken English of the Second Amendment, there are plenty of other plain-spoken writings of the founders to explain exactly what their intent was. Here are some examples:

James Madison: "The right of the people to keep and bear Arms, shall not be infringed. A well-regulated Militia, composed of the people trained to arms, is the best and most natural defense of a free country."

Samuel Adams: "And that the said Constitution be never construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms."

Thomas Paine: "Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property ... horrid mischief would ensue were the law-abiding deprived of the use of them."

George Mason: "I ask, sir, what is the militia? It is the whole people, except for a few public officials."

George Washington: "Firearms are second only to the Constitution in importance; they are the people's liberty teeth. A free people ought to be armed. When firearms go, all goes. We need them every hour."

Thomas Jefferson: "No free man shall ever be debarred the use of arms. ... The strongest reason for people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government."

Alexander Hamilton: "The best we can hope for, concerning the people at large, is that they be properly armed."

Let's hope this case is appealed to the U.S. Supreme Court so this issue can be resolved once and for all in favor of the people's rights and the rule of law.

Joseph Farah is founder, editor and CEO of WND and a nationally syndicated columnist with Creators Syndicate. His latest book is "Stop The Presses: The Inside Story of the New Media Revolution." He also edits the weekly online intelligence newsletter Joseph Farah's G2 Bulletin, in which he utilizes his sources developed over 30 years in the news business.

catfish83861 · 03-10-2007, 10:58 AM

Great post Marlin, I definitely agree with the judgment. I just always worry about the result when something goes to the high court. We would be greatly overjoyed should the Supreme Court hear the case and side on the side of the constitution. Heaven forbid they do something reasonable.

catfish

Deputy Dawg · 03-10-2007, 01:46 PM

I can't believe it, Hooray for common sense.

Marlin T · 03-10-2007, 06:34 PM

Quote:

Let's hope this case is appealed to the U.S. Supreme Court so this issue can be resolved once and for all in favor of the people's rights and the rule of law.

It won't happen. Just think of all the unconstitutional laws they would have to throw out? There would be just to many libs that might lose there minds and go on a shooting sprees.

03-10-2007, 10:22 AM	#1
Marlin TFF Admin Staff Chief Counselor Join Date: Mar 2003 Location: At SouthernMoss' side forever! Contributor Posts: 13,853	Held FOR the 2nd Amendment Here is Joe Farah's commentary on the DC Circuit case nullifying the District of C0olumbia's draconian gun control law. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Saturday, March 10, 2007 Praise the appeals court and pass the ammunition March 10, 2007 By Joseph Farah © 2007 When was the last time you remember good news out of Washington? Yet, that's just what we got yesterday in an amazingly and uncharacteristically common-sense decision by a federal appeals court. The 2-1 opinion not only overturned the District of Columbia's onerous 30-year-old handgun ban, it did so for the right reason – the Second Amendment! Pinch me, I'm afraid I'm dreaming. Imagine someone in Washington – judges, no less – actually paying attention to what the Constitution has to say. The judges found the protections of the Second Amendment "are not limited to militia service, nor is an individual's enjoyment of the right contingent upon his or her continued intermittent enrollment in the militia." The judges also ruled as unconstitutional the city's requirement that registered firearms be kept unloaded, disassembled and under trigger lock. "The (Second) Amendment does not protect 'the right of militiamen to keep and bear arms,' but rather 'the right of the people,'" the judges found. Even the dissenting judge in this case, Judge Karen Henderson, did not disagree with the substance of the constitutional argument. Her minority opinion contended the Second Amendment didn't apply to the District of Columbia because it is not a state. The ruling represents one of the most forceful defenses of the Second Amendment in any recent federal court case. "Again, we point out that if the competent drafters of the Second Amendment had meant the right to be limited to the protection of state militias, it is hard to imagine that they would have chosen the language they did," the majority opinion stated. "We therefore take it as an expression of the drafters' view that the people possessed a natural right to keep and bear arms, and that the preservation of the militia was the right's most salient political benefit – and thus the most appropriate to express in a political document." They said it! In fact, if there is any doubt about the plain-spoken English of the Second Amendment, there are plenty of other plain-spoken writings of the founders to explain exactly what their intent was. Here are some examples: James Madison: "The right of the people to keep and bear Arms, shall not be infringed. A well-regulated Militia, composed of the people trained to arms, is the best and most natural defense of a free country." Samuel Adams: "And that the said Constitution be never construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms." Thomas Paine: "Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property ... horrid mischief would ensue were the law-abiding deprived of the use of them." George Mason: "I ask, sir, what is the militia? It is the whole people, except for a few public officials." George Washington: "Firearms are second only to the Constitution in importance; they are the people's liberty teeth. A free people ought to be armed. When firearms go, all goes. We need them every hour." Thomas Jefferson: "No free man shall ever be debarred the use of arms. ... The strongest reason for people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." Alexander Hamilton: "The best we can hope for, concerning the people at large, is that they be properly armed." Let's hope this case is appealed to the U.S. Supreme Court so this issue can be resolved once and for all in favor of the people's rights and the rule of law. Joseph Farah is founder, editor and CEO of WND and a nationally syndicated columnist with Creators Syndicate. His latest book is "Stop The Presses: The Inside Story of the New Media Revolution." He also edits the weekly online intelligence newsletter Joseph Farah's G2 Bulletin, in which he utilizes his sources developed over 30 years in the news business. __________________ *The flag represents a living country and is itself considered a living thing.* *The only criminal class native to the United States is Congress.* -->

03-10-2007, 10:58 AM	#2
catfish83861 Advanced Senior Member Join Date: Nov 2006 Location: North Idaho Posts: 2,019	Re: Held FOR the 2nd Amendment Great post Marlin, I definitely agree with the judgment. I just always worry about the result when something goes to the high court. We would be greatly overjoyed should the Supreme Court hear the case and side on the side of the constitution. Heaven forbid they do something reasonable. catfish

03-10-2007, 01:46 PM	#3
Deputy Dawg Advanced Senior Member Join Date: Aug 2005 Location: Central Texas Gulf Coast Posts: 2,229	Re: Held FOR the 2nd Amendment I can't believe it, Hooray for common sense. __________________ LOCK and LOAD................................... GOD, GUNS,GUTS the three that keep us FREE!!!!