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March 09, 2007

Wow: DC Circuit Court Finds 2nd Amendment Individual Right *Not* Dependent On Actual Membership In "Well-Regulated Militia"

Is Rudy's gun-control stance rendered moot through jurisprudence?

To summarize, we conclude that the Second Amendment protects an individual right to keep and bear arms. That right existed prior to the formation of the new government under the Constitution and was premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad).

...

Despite the importance of the Second Amendment's civic purpose, however, the activities it protects are not limited to militia service, nor is an individual's enjoyment of the right contingent upon his or her continued or intermittent enrollment in the militia.

Background, analysis, and more links at Hot Air.

Opinion here (PDF).


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posted by Ace at 01:13 PM

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