Explore The NRA Universe Of Websites

APPEARS IN Second Amendment

D.C.’s Gun Bans Ruled Unconstitutional

Tuesday, June 12, 2007

U.S. Court Of Appeals Rules Second Amendment Protects An Individual Right

On March 9, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled, in Parker v. District of Columbia, that gun control laws imposed by the D.C. City Council, prohibiting possession of a handgun, and prohibiting keeping any gun assembled and loaded at home (the condition required for self-defense), are unconstitutional. The court agreed with the Supreme Court, the U.S. Court of Appeals for the Fifth Circuit, the Justice Department, the Framers of the Bill of Rights, and constitutional scholars past and present, that the Second Amendment protects a pre-existing right of individuals, not a so-called "right" of a state to maintain a select militia, or a privilege to have guns only when serving in a select militia. The court also ruled that individuals have a right to possess handguns.

The panel`s decision overturned the ruling by the U.S. District Court for the District of Columbia, that the Second Amendment protects only a right to be armed while on active-duty in a militia. The city appealed the panel`s decision to the full Appeals Court, which allowed the panel`s decision to stand. The city is considering whether to appeal to the Supreme Court. The anti-gun Brady Campaign, which has provided legal assistance to the city throughout, has concerns about an appeal. Its president, Paul Helmke, said, "The D.C. law [is] a tougher one to get behind and defend. Why is this the one we`re going to be taking up to the Supremes?"

Highlights from the Appeals Court`s Decision

"[T]he Second Amendment protects an individual right to keep and bear arms. That right existed prior to the formation of the new government under the Constitution and was premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad)."

"[T]he phrase ‘the right of the people,` when read intratextually and in light of Supreme Court precedent, leads us to conclude that the right in question is individual."

In the Second Amendment, "the most important word is the one the drafters chose to describe the holders of the right--‘the people.` That term is found in the First, Second, Fourth, Ninth, and Tenth Amendments. It has never been doubted that these provisions were designed to protect the interests of individuals against government intrusion, interference, or usurpation."

"The Amendment does not protect ‘the right of militiamen to keep and bear arms,` but rather ‘the right of the people.`"

"The modern handgun--and for that matter the rifle and long-barreled shotgun . . . passes [the Supreme Court`s U.S. v. Miller] standards. . . . Once it is determined--as we have done--that handguns are ‘Arms` referred to in the Second Amendment, it is not open to the District to ban them."

Background

In 1975, D.C.`s City Council imposed a multi-faceted gun control law unlike any in America. The "Firearms Control Regulations Act" prohibited the possession of a handgun not registered with city police prior to Sept. 24, 1976, and prevented the legal use of a gun for protection in the home, by requiring that guns at home be "unloaded, disassembled, or bound by a trigger lock or similar device."

The laws run counter to the 14th Amendment`s Equal Protection clause and Congress` intent in the Gun Control Act, which states, "[I]t is not the purpose of this title to place any undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trapshooting, target shooting, personal protection, or any other lawful activity and that this title is not intended to discourage or eliminate the private ownership or use of firearms by law-abiding citizens for lawful purposes."

After the Parker ruling, D.C. Mayor Adrian M. Fenty falsely claimed D.C.`s gun laws "decrease gun violence." To the contrary, D.C.`s murder rate rose 200% within 15 years after the laws were imposed, while the rate for the rest of the U.S. remained comparatively stable. And the District has become known as "the murder capital of the United States," usually having the highest murder rate of any major U.S. city, and always far worse than the rest of the country. (FBI)

More Reasons to End D.C.`s Handgun and Home-Defense Bans

Police are "not generally liable to victims of violent criminal acts for failure to provide adequate police protection." (Warren v. District of Columbia, 444 A.2d 1 (1981))

Allowing citizens to defend themselves deters criminals. A study for the Justice Department found that 40% of felons have decided to not commit one or more crimes for fear their potential victims were armed. (James D. Wright and Peter H. Rossi, Armed and Considered Dangerous: A Survey of Felons and Their Firearms, 1986, p. 155)

D.C.`s self-defense ban increases the likelihood that crime victims will be injured. Federal crime surveys show that "Robbery and assault victims who used a gun to resist were less likely to be attacked or to suffer an injury than those who used any other methods of self-protection or those who did not resist at all." (Gary Kleck, Targeting Guns, 1997, p. 171)

TRENDING NOW
NRA Member Berated for Carrying Firearm

News  

Friday, August 2, 2019

NRA Member Berated for Carrying Firearm

NRA member Darrell Kennedy was on vacation with his family at Yellowstone National Park earlier this month when an anti-gun vacationer snapped a photo of his holstered firearm and tweeted out a hate message. “Sat ...

Bill Clinton Touts Failed Gun Ban With Bogus Info

News  

Tuesday, August 13, 2019

Bill Clinton Touts Failed Gun Ban With Bogus Info

Bill and Hillary Clinton just don’t draw like they used to. Shunned by much of his own party, (described by one Vanity Fair commentator as “2020’s bubonic plague”) the former president has been relegated to providing lazy ...

Tell Your U.S. Senators and Representative to Oppose Gun Control

News  

Tuesday, August 13, 2019

Tell Your U.S. Senators and Representative to Oppose Gun Control

In the wake of the recent two criminal mass attacks, a number of gun control proposals have begun to circulate in our nation’s capital. None of these proposals would have prevented the recent tragedies, but they all ...

California: Appropriations Committees Send Bills to the Suspense File

Thursday, August 15, 2019

California: Appropriations Committees Send Bills to the Suspense File

On Monday, August 12, the Senate Appropriations Committee sent AB 1254 to the suspense file and rescheduled AB 1669 to be heard next Monday, August 19. On Wednesday, August 14, the Assembly Appropriations Committee sent SB 172 ...

“Universal” Background Checks Aren’t as Universally Popular as You’ve Been Led to Believe

News  

Tuesday, August 13, 2019

“Universal” Background Checks Aren’t as Universally Popular as You’ve Been Led to Believe

Advocates of so-called “universal” background checks constantly cite their own polling data to claim that the vast majority of Americans support these measures. But, when these measures have actually been presented to voters, support is ...

Important Statement from NRA CEO & Executive Vice President Wayne LaPierre

News  

Thursday, August 8, 2019

Important Statement from NRA CEO & Executive Vice President Wayne LaPierre

The NRA will work in good faith to pursue real solutions to the epidemic of violence in America.

Kamala Harris and Her Perplexing Anti-Gun Ideas

News  

Friday, August 2, 2019

Kamala Harris and Her Perplexing Anti-Gun Ideas

U.S. Senator Kamala Harris (D-Calif.), one of the two-dozen Democrat presidential hopefuls vying to take on President Donald Trump in 2020, has been promoting her anti-gun platform for many months. This isn’t really news, as ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Virginia: Oppose Gov. Northam’s Gun Grab, Attend Public Hearing

Thursday, August 15, 2019

Virginia: Oppose Gov. Northam’s Gun Grab, Attend Public Hearing

On Tuesday, August 20th, the Virginia State Crime Commission will be accepting public comments as part of its August 19th-20th hearings on Governor Ralph Northam’s proposed gun control bills.  During the July 9th special session, the General ...

Townhall  

Monday, August 12, 2019

Elizabeth Warren Plans to Tax Americans Out of Their Second Amendment Rights

Gun control has been a solid political talking point for over a week now in the wake of two mass shootings, one of which was carried out by a supporter of Elizabeth Warren. Democrat presidential ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.