Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

D.C. Files Brief in <I>Heller</I> Case

Friday, January 11, 2008

On January 4, the District of Columbia filed its brief in District of Columbia v. Heller, now before the U.S. Supreme Court. The District is appealing the U.S. Court of Appeals for the District of Columbia Circuit's ruling that found D.C.'s bans on handguns, on having any gun assembled for use within the home, and on carrying a firearm within the home without a permit, violate the Second Amendment. 

In March 2007, the Court of Appeals ruled that the amendment protects a "pre-existing right to keep and bear arms . . . premised on the commonplace assumption that individuals would use them for these private purposes [including self-defense], in addition to whatever militia service they would be obligated to perform for the state." And it found that handguns are the kinds of "arms" the ownership of which the amendment protects.  

The District wrongly contended that the amendment "protects the possession and use of guns only in service of an organized militia," and that James Madison and others responsible for the amendment considered that "keep," "bear" and "arms" referred to the maintenance and use of firearms for militia purposes alone. 

The District claimed that "keep" means either for an individual to possess guns only for militia purposes, or for a state to "keep up" a militia, a theory the Court of Appeals said "mocks usage, syntax, and common sense." The Court of Appeals added, "Such outlandish views are likely advanced because the plain meaning of 'keep' strikes a mortal blow to the collective right theory." 

The District furthered argued that it is not subject to the Second Amendment because the Supreme Court ruled in Presser v. Illinois (1886) that the amendment "is a limitation only upon the power of Congress and the National government" and, according to the District, does not limit the states. The District, despite its longstanding wish to the contrary, is not a state, and is therefore obviously subject to the amendment. The District also ignores the Supreme Court's comment in Presser that because "all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the States," the states "cannot ... prohibit the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security ...."  (The application of the amendment to actual states, rather than would-be states, is not an issue in this case.)   

The District noted that the Supreme Court, in U.S. v. Miller (1939), suggested that the amendment protects arms that are "part of the ordinary military equipment," but apparently failed to comprehend that modern handguns are commonly issued to military personnel and are also useful for another of the potential duties of the militia, namely, law enforcement.  

As if looking for even more ways to undercut its case, the District also claimed that in the mid-1970s it "sensibly concluded" that gun bans would make the city safer. Of course, as is well known, the city's murder rate tripled within 15 years after D.C. imposed the ban. 

Briefs by those challenging D.C.'s laws, and "friends of the court" supporting them, will be submitted over the next several weeks, with oral arguments expected in March.  Keep watching this alert for the latest news on this historic case.
TRENDING NOW
Mainstream Media Misrepresents NRA&#39;s Position on Right-to-Carry Permits

News  

Second Amendment  

Friday, June 23, 2017

Mainstream Media Misrepresents NRA's Position on Right-to-Carry Permits

There is an ongoing debate as to the severity of the decline in the modern attention span. However, in a world pervaded by 140 character messages and trivial clickbait articles, few would argue that many ...

California: DOJ’s Proposed “Assault Weapon” Regulations Rejected by Office of Administrative Law

Tuesday, June 27, 2017

California: DOJ’s Proposed “Assault Weapon” Regulations Rejected by Office of Administrative Law

On Monday, June 26, the Office of Administrative Law (OAL)  formally rejected DOJ’s proposed regulations for the registration of newly classified “assault weapons,” which go far and above what is necessary by creating over 40 new definitions ...

Nationwide Firearms Turn-in Not Enough for Australia’s Gun Haters

News  

Friday, June 23, 2017

Nationwide Firearms Turn-in Not Enough for Australia’s Gun Haters

On July 1, Australia begins National Firearms Amnesty 2017, the country’s fourth federal firearms buyback (more accurately termed turn-in) or amnesty program since 1987. According to the Australian government, officials hope to capture some of ...

Steadfast Czechs Fight on Against EU Gun Control

News  

Friday, June 23, 2017

Steadfast Czechs Fight on Against EU Gun Control

The European Union’s new restrictions on firearms ownership were finalized on May 24, when the misguided changes to the European Firearms Directive were published in the political bloc’s Official Journal. Despite this setback, the Czech ...

Delaware: Hearing Scheduled for Radical Gun Seizure Legislation

Tuesday, June 20, 2017

Delaware: Hearing Scheduled for Radical Gun Seizure Legislation

Tomorrow, the House Administration Committee is scheduled to consider House Bill 222.

Rhode Island: Last Chance to Stop Anti-Gun Bill

Friday, June 23, 2017

Rhode Island: Last Chance to Stop Anti-Gun Bill

The Rhode Island Legislature is going to be ending their six-month session any day now, and as we approach the finish line, this is the most dangerous time for gun owners.

NRA Statement on Peruta v. California

News  

Monday, June 26, 2017

NRA Statement on Peruta v. California

The executive director of the National Rifle Association Institute for Legislative Action, Chris W. Cox, released the following statement Monday regarding the United States Supreme Court's denial of petition in the case of Peruta v. ...

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.

Goodyear Fires Australian Competitive Shooter over Simple Miscommunication

News  

Friday, June 16, 2017

Goodyear Fires Australian Competitive Shooter over Simple Miscommunication

In the United States there have been a handful of high-profile incidents in which an employer has terminated an employee following the employee’s use of a gun in self-defense while at the workplace. In recent ...

NJ Court: State Can’t Criminalize Possession of “Pencils” and Other Lawful Objects for Home Self-defense

News  

Friday, June 16, 2017

NJ Court: State Can’t Criminalize Possession of “Pencils” and Other Lawful Objects for Home Self-defense

It is refreshing to finally see some common sense coming out of a court in NJ, as the state is notoriously known for its illogical and Draconian gun laws that do little more than make ...

MORE TRENDING +
LESS TRENDING -
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.