|Last updated: 3/10/2007|||GunCite Home||
The United States Court of Appeals for the District of Columbia strikes down three gun laws on Second Amendment grounds.
- Case background.
- The opinion: Parker v. District of Columbia. [PDF]
- Pleadings, orders, and opinions in Parker.
The Fifth Circuit Court of Appeals holds that the Second Amendment is an individual right, but reverses and remands the Emerson case:
- A link to the Fifth Circuit's decision and Emerson briefs.
The original district court's opinion:
The Ninth Circuit Court answers with Silveira v. Lockyer [PDF] holding that the Second Amendment protects a collective right of the states. Whether dealing with the meaning of "to keep and bear arms," quoting the Founders out of context, misinterpreting Madison's Federalist 46, or ignoring the writings of commentators (who were contemporaries of the Founders) and other evidence of an individual right, the court's decision with respect to original intent is one big non sequitur -- the Amendment is concerned with the preservation and continuance of the militia, therefore the right is collective in nature. Although not dealing directly with the decision, for refutations of the Ninth Circuit's claims, see:
- GunCite's "Is there contrary evidence?"
- Exposing the Second Amendment: Federal Preemption of State Militia Legislation - "The 'states' right' alleged to reside in the amendment vanishes when exposed to the light of" two centuries of Supreme Court militia jurisprudence and contradicts many lower federal court gun cases.
- The Second Amendment and States' Rights: A Thought Experiment - Do the collectivists really mean what they say?
A summary of some federal court cases assembled by the National Rifle Association. (Scroll past the Supreme Court cases to get to the lower federal court cases.)
A discussion of the lower courts treatment of U.S. v. Miller.
Federal court opinions on the right to arms from GunCite's Second Amendment Law Library.
Links to various firearms court cases.
|| GunCite Home||