[url]http://www.washingtonpost.com/wp-dyn/articles/A36100-2002May30.html[/url]
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The U.S. attorney's office argued yesterday in D.C. Superior Court that the District's ban on handguns should be upheld, brushing aside the Bush administration's new directive that the Second Amendment guarantees individuals the right to bear firearms.
In the first of at least three cases that challenge the District's prohibition on handguns as unconstitutional, assistant U.S. attorneys filed motions defending the broad statute, citing a 15-year-old D.C. Court of Appeals decision as binding local precedent.
The court arguments take a different position from those made by Attorney General John D. Ashcroft and Solicitor General Theodore B. Olson in internal memos or in writings to the U.S. Supreme Court, in which they said the Second Amendment gives individuals a constitutional right to gun ownership.
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One of the guys is charged with carrying a gun, which is slightly different from merely owning a firearm.
This is interesting because DC does not present any so-called "incorporation" problems, since it is run by the feds. The short story: the supremes held back in the 19th century that the bill of rights only prevented the federal government from doing the things listed, not the state governments. The exception were rights that were "incorporated", or that also applied to the states as well as the federal government. The big question is whether the 2nd amendment is an "incorporated" right that prevents the state governments from infringing upon it. But that's irrelevant here, since it's the one place in the US where states rights are irrelevant.