March 14, 2007
Last week's decision, striking down the District of Columbia's ban on guns as unconstitutional under the Second Amendment, flowed directly from the text, history and original understanding of the Constitution. The U.S. Court of Appeals for the D.C. Circuit's decision rejected the Ninth Circuit's "collective rights" theory and embraced instead the Fifth Circuit's holding that the Second Amendment protects individual rights. In so doing, the D.C. Circuit took a major step forward in protecting the rights of gun owners throughout the country.