Explore The NRA Universe Of Websites

APPEARS IN Second Amendment

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
“Unity” President Vows to “Defeat” America’s Oldest and Largest Civil Rights Group

News  

Tuesday, January 19, 2021

“Unity” President Vows to “Defeat” America’s Oldest and Largest Civil Rights Group

Biden issued this “pledge” in a January 8 tweet that falsely tried to suggest the men and women of the NRA were somehow implicated in an infamous crime that was committed a decade ago by ...

Washington: Vague Carry Ban and Rehashed Mag Ban Introduced and Scheduled for Hearings Next Week

Thursday, January 21, 2021

Washington: Vague Carry Ban and Rehashed Mag Ban Introduced and Scheduled for Hearings Next Week

Next week, anti-gun legislation, Senate Bill 5078 and Senate Bill 5038, are scheduled for hearings in the Senate Law and Justice Committee. 

Florida Alert! Gun Bills Filed in Florida - SO FAR

Friday, January 15, 2021

Florida Alert! Gun Bills Filed in Florida - SO FAR

As Legislators begin to file bills for the 2021 Florida Legislative Session, we are getting questions about various bills due to media reports on gun bills.  Below is a partial list of bills we will ...

ATF Withdraws Pistol Brace “Guidance”

News  

Wednesday, December 23, 2020

ATF Withdraws Pistol Brace “Guidance”

On December 23rd, ATF posted a document to its website indicating that its recently published Objective Factors for Classifying Weapons with “Stabilizing Braces” is withdrawn.

Double-Standard: Virginia Eliminates Online Carry Courses While Promoting Distancing for Everything Else

News  

Tuesday, January 19, 2021

Double-Standard: Virginia Eliminates Online Carry Courses While Promoting Distancing for Everything Else

As part of Virginia Gov. Ralph Northam and the General Assembly’s sweeping attack on gun rights in 2020, anti-gun lawmakers enacted legislation that made it more difficult for gun owners to obtain the required training ...

OCC Finalizes Non-Discrimination Rule

News  

Tuesday, January 19, 2021

OCC Finalizes Non-Discrimination Rule

On January 14, the Office of the Comptroller of the Currency (OCC) finalized an NRA-supported rule to end politically-motivated discrimination in the provision of financial services. The new regulation is now set to take effect on April ...

Record Amount of Gun Control Legislation Introduced on First Day of Bill Pre-Filing for 2021 Texas Legislative Session

Tuesday, November 10, 2020

Record Amount of Gun Control Legislation Introduced on First Day of Bill Pre-Filing for 2021 Texas Legislative Session

Although the 2021 session of the Texas Legislature convenes on January 12, gun control advocates financed by New York billionaire Michael Bloomberg and Beto "Hell Yeah, I'll Take Your Guns" O'Rourke wasted no time in announcing their ...

President Trump’s Executive Order Expands LEOSA Carry Rights

News  

Thursday, January 21, 2021

President Trump’s Executive Order Expands LEOSA Carry Rights

On January 18th, President Trump signed an “Executive Order on Protecting Law Enforcement Officers, Judges, Prosecutors, And Their Families.” The order aims to provide for more federal law enforcement officers, prosecutors, and judges to be able to ...

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.

Joe Biden and Kamala Harris Want to Destroy the Second Amendment

News  

Monday, November 2, 2020

Joe Biden and Kamala Harris Want to Destroy the Second Amendment

While discussion of the Second Amendment and gun control have been noticeably absent from the presidential debates and mainstream media coverage, gun rights are without a doubt on the ballot tomorrow.

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.