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Sunday, March 11, 2007

The CD circuit has struck down a handgun ban for DC, based on the Second Amendment. The case is likely to reach the supreme court, and has the potential to be a major landmark.
Volokh has coverage,and has been a leader in generating and distributing scholarship on the issue.
Update: Volokh is cited in the opinion.
Compare Eugene Volokh,
The Commonplace Second Amendment, 73 N.Y.U. L. REV. 793
36
(1998), with Michael C. Dorf, What Does the Second
Amendment Mean Today?, 76 CHI.-KENT L. REV. 291 (2000).
However, the structure of the Second Amendment turns out to
be not so unusual when we examine state constitutional
provisions guaranteeing rights or restricting governmental
power. It was quite common for prefatory language to state a
principle of good government that was narrower than the
operative language used to achieve it. Volokh, supra, at 801-07.

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