Second Amendment Victory in D.C.

After decades of suppression by both legislatures and courts throughout the country, the Second Amendment finally appears to be on the rise. In a landmark ruling on Friday, the U.S. Court of Appeals for the District of Columbia struck down portions of a D.C. law prohibiting citizens from possessing handguns. More importantly, the court embraced an individual-rights view of the Second Amendment, contesting the prevailing view that the Second Amendment applies only to militias.

The case, Parker v. District of Columbia, was decided by a 2-1 vote, upholding an interpretation of the Second Amendment that had been previously rejected by nine federal appeals courts. The decision will almost certainly be appealed, meaning the case is likely to end up in the Supreme Court, where a final decision would have nationwide repercussions. Likewise, if the Supreme Court denies appeal, the lower court's decision will be established as precedent much as if the Supreme Court had concurred.

As Eugene Volokh points out, the 2001 Fifth Circuit decision United States v. Emerson upheld this same interpretation, however despite asserting the individual right to bear arms, the decision actually upheld the contested gun-control law as an acceptable limitation on that right. In this sense, Friday's Parker decision has much further-reaching repercussions, as it could challenge gun control laws throughout the U.S. if upheld.

Interestingly, Parker was strongly opposed by the NRA, which mounted numerous attempts to co-opt and derail the case for fear that it would make it to the Supreme Court only to lose, thus establishing a strong precedent against individual gun rights.

The mayor of Washington D.C. has come out strongly against the ruling, saying that it would lead to an explosion of violence in the already crime-infested city. An editorial in the Washington Post similarly decried the ruling, which it called "radical" and "dangerous."

More from Volokh, (more), Radley Balko, and Reason's Hit & Run blog.