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D.C. Argues Gun Rights Only For Militias
Lawyers Say 2nd Amendment Doesn't Apply To Individuals

POSTED: 3:31 pm MST December 7, 2006
UPDATED: 4:01 pm MST December 7, 2006

WASHINGTON -- The District of Columbia is using a different tactic to defend its ban on carrying guns.

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Attorneys for the district told a federal appeals court Thursday that the 2nd Amendment protecting the right to bear arms applies only to militias and not to individuals.

The district's solicitor general told a three-judge panel that the 2nd Amendment should be interpreted on military terms.

At least one judge challenged that position. Judge Laurence Silberman said that view didn't even come up until the middle of the 20th century.

But he joined another judge in questioning whether the right to bear arms is even needed if a "well-regulated militia" from colonial times is no longer needed.

The Bush administration is backing the rights of individual gun owners. And an unusual alliance of civil liberties groups and pro-gun organizations say the ban in the nation's capital is unconstitutional.
Copyright 2006 by The Associated Press. All rights reserved.