Lund Comments on Overturn of DC Firearms Ban
Professor Nelson Lund's comments were cited in national news sources, including the National Review, concerning a U.S. Appeals Court decision to strike down the District of Columbia's ban on firearms ownership. The action represents the first time a federal appeals court has nullified a gun law based on the Second Amendment. For that reason, the case is expected to reach the U.S. Supreme Court, where justices would be required to rule on whether the right of the people under the Constitution to "keep and bear arms" precludes government action to forbid gun ownership by law-abiding citizens.
The nation's capital has had one of the strictest gun control measures in the nation, barring its citizens from keeping handguns registered since 1976 in their homes, except in the case of active-duty and retired police officers.
"If D.C.'s draconian statute is considered constitutional, it's hard to imagine how the Second Amendment could have any meaning at all. Furthermore, this is an area with virtually no constraining precedents, so the Justices won't have the usual excuse for ignoring the Constitution. Legally, this is a very easy case, and the Court can go wrong only if it uses sophistry to paper over a surrender to political correctness. If that happens, we'll lose more than the Second Amendment," Lund told the National Review.
Rearming, National Review Online, March 12, 2007. By Symposium.