EDITORIAL: Another setback for gun grabbers

Court to remedy D.C.'s 'miscarriage of justice'

By THE WASHINGTON TIMES
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The Washington Times
6:09 p.m., Friday, January 7, 2011

Fourteen years after being forced to plead guilty to the "crime" of owning a gun in Washington, the blot against the record of Dave Magnus may be cleared. On Thursday, the District of Columbia Court of Appeals recognized that one should not bear a stigma for the past possession of a firearm in the nation's capital for the purpose of self-defense. "A conviction for conduct that is not criminal, but is instead constitutionally-protected, is the ultimate miscarriage of justice," Judge Stephen H. Glickman wrote in the 12-page decision.

Other officials failed to see matters with such clarity. The U.S. Attorney's office drew fire from the appellate judges during oral arguments in the case for claiming, in essence, that there was no realistic way such gun possession cases could be reopened, despite the Supreme Court's landmark 2008 Heller decision rejecting the District's gun ban as unconstitutional.

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Steve