Federal Court Rules Gun Control Laws Violate Second Amendment; Gun Violence Sharply Up Nationwide

Technorati Tags: gun control laws, handguns, right to bear arms, Second Amendment, gun violence, violent crime

Curious juxtaposition in the news today:

Item 1: A D.C. federal appeals court ruled that Washington, D.C.'s gun control laws violate the Second Amendment:

According to the majority opinion, "[T]he phrase 'the right of the people,' when read intratextually and in light of Supreme Court precedent, leads us to conclude that the right in question is individual." The majority opinion sums up its holding on this point as follows:

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). In addition, the right to keep and bear arms had the important and salutary civic purpose of helping to preserve the citizen militia. The civic purpose was also a political expedient for the Federalists in the First Congress as it served, in part, to placate their Antifederalist opponents. The individual right facilitated militia service by ensuring that citizens would not be barred from keeping the arms they would need when called forth for militia duty. 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.

Item 2: Violent crime is on a steep upswing nationwide. One of the reasons? Easy availability of firearms:

While overall crime has been declining nationwide, police officials have been warning of a rise in murder, robbery and gun assaults since late 2005, particularly in midsize cities and the Midwest. Now, they say, two years of data indicates that the spike is more than an aberration.

“There are pockets of crime in this country that are astounding,” said Chuck Wexler, the executive director of the Police Executive Research Forum, which is releasing the report on Friday. “It’s gone under the radar screen, but it’s not if you’re living on the north side of Minneapolis or the south side of Los Angeles or in Dorchester, Mass.”

Local police departments blame several factors: the spread of methamphetamine use in some Midwestern and Western cities, gangs, high poverty and a record number of people being released from prison. But the biggest theme, they say, is easy access to guns and a willingness, even an eagerness, to settle disputes with them, particularly among young people.