WASHINGTON -- A federal court of appeals, in a
  victory for gun owners, ruled for the first time Tuesday that the 2nd
  Amendment gives individuals a constitutional right to "privately possess
  and bear their own firearms."
  
  The decision, in a closely watched Texas case, contradicts a long line of
  rulings that had dismissed the 2nd Amendment as archaic and insignificant.
  These earlier decisions said the 18th-century amendment merely protected the
  state's right to maintain a "well-regulated militia."
  
  But the National Rifle Assn. and its lawyers have continued to insist that the
  "right of the people to keep and bear arms" protects gun owners
  today. They say that the authors of the Constitution intended the 2nd
  Amendment's right to bear arms to stand on the same basis as the 1st
  Amendment's rights to freedom of speech and religion.
  
  Over the last decade, many legal scholars have taken a fresh look at the
  history of the 2nd Amendment and come away agreeing with the NRA's basic view.
  Tuesday, these gun advocates and historians finally won the endorsement of
  legal opinion by a U.S. appellate court.
  
  "We find that the history of the 2nd Amendment reinforces the plain
  meaning of its text, namely that it protects individual Americans in their
  right to keep and bear arms whether or not they are a member of a select
  militia," wrote Judge William Garwood for the U.S. 5th Circuit Court of
  Appeals.
  
  The ruling is sure to bolster the claims of the NRA and others who say the
  government cannot bar law-abiding citizens from having firearms. In the
  District of Columbia, for example, it is generally illegal to own a handgun.
  
  However, even gun-rights advocates concede that the right to bear arms, just
  like the right to free speech, has its limits.
  
  In the Texas case decided Tuesday, the judges who endorsed gun rights
  nonetheless upheld a 1994 law that was used to take away a pistol from a
  divorced Texas physician who was said to pose a "credible threat" to
  his ex-wife.
  
  In 1998, Dr. Timothy Joe Emerson was indicted for possessing a Beretta pistol
  in violation of a judge's order. During divorce proceedings, his ex-wife
  reported that when she went to his office, the doctor had pulled the gun from
  his desk drawer.
  
  Under a provision of the federal Violence Against Women Act, the judge was
  authorized to issue an order requiring that the husband give up his personal
  weapons until the divorce was final.
  
  Emerson challenged the indictment and the judge's order as unconstitutional
  because he had not committed a crime or engaged in violence. A federal judge
  agreed with him, citing the 2nd Amendment.
  
  That judge's decision sent the matter before the U.S. Court of Appeals, which
  is based in New Orleans. Arguments on the question were heard more than a year
  ago, and activists on both sides of the issue had been anxiously awaiting the
  court's decision.
  
  Garwood, an appointee of former President Ronald Reagan, was joined by Judge
  Harold R. DeMoss Jr., an appointee of former President George Bush.
  
  The third judge in the appeals case, Robert M. Parker, said his colleagues had
  no need to opine on the meaning of the 2nd Amendment. They should have upheld
  the indictment against Emerson and stopped there, he said in a partial
  dissent. Parker was appointed by former President Bill Clinton.
  
  Because of the mixed outcome, it is not certain the U.S. Supreme Court will
  take up an appeal in the case.
  
  The practical effect of Tuesday's ruling is also unclear. Gun-rights advocates
  applauded the part of the opinion that breathed life into the 2nd Amendment,
  while gun-control advocates took heart from the ruling that upheld a key part
  of the Violence Against Women Act.
  
  "This is ultimately a victory for us, because it says domestic abusers
  don't have a right to have guns," said Mathew Nosanchuk, an attorney for
  the Violence Policy Center, a gun-control group. "We think the final
  score is, public safety one; gun lobby and domestic abusers zero."
  
  UCLA law professor Eugene Volokh, who teaches the 2nd Amendment, applauded the
  court's analysis of the right to bear arms. "This is the first time a
  U.S. Court of Appeals has recognized that the 2nd Amendment secures an
  individual right. This also makes it more likely the Supreme Court will have
  to confront this issue soon," Volokh said.
  
  In its history, the Supreme Court has said surprisingly little about the 2nd
  Amendment. It states: "A well regulated militia, being necessary to the
  security of a free State, the right of the people to keep and bear arms, shall
  not be infringed."
  
  In 1939, the justices upheld a federal indictment that charged two men with
  carrying a sawed-off shotgun across state lines. In a brief opinion in the
  case of U.S. vs. Miller, the high court rejected their claim based on the 2nd
  Amendment and said this provision involved "well-regulated
  militias," not gangsters and gun runners.
  
  Since then, the Supreme Court has repeatedly turned away 2nd Amendment claims.
  For that reason, most lawyers have come to view the amendment as essentially
  meaningless.
  
  Only Justice Clarence Thomas has called for taking a new look at the 2nd
  Amendment, and Tuesday's ruling is likely to spur more appeals on the issue.
  
  George Mason University law professor Daniel D. Polsby said the 5th Circuit's
  ruling will probably be used to attack laws in several communities that forbid
  residents from legally owning handguns. It may even spur new challenges to the
  Brady Act, which sets a waiting period for new buyers of handguns.
  
  "I'm not surprised by this. I had thought it was perfectly clear that the
  2nd Amendment creates an individual right," said Polsby, who has written
  extensively on its history. "But I also think it does not preclude
  reasonable regulation of firearms."