Explore The NRA Universe Of Websites

APPEARS IN News

NRA Files Amicus Brief in U.S. Supreme Court, D.C. v. Heller

Thursday, February 7, 2008

Fairfax, Va. - The National Rifle Association (NRA) and the NRA Civil Rights Defense Fund today submitted an amicus curiae brief to the United States Supreme Court in the case of District of Columbia (D.C.) and Mayor Adrian Fenty v. Dick Anthony Heller. This brief supports a lower federal appeals court decision holding that the Second Amendment protects an individual right to keep and bear arms, and asserts that the D.C. bans on handguns, on carrying firearms within the home and on possession of loaded or operable firearms for self-defense violate that fundamental right.

“We want to return hope and we want to return freedom to our nation’s capital. After this ban was enacted, D.C.’s murder rate tripled, and the city was labeled ‘murder capital of the United States’,” said NRA Executive Vice President Wayne LaPierre. “The irony of this gun ban is that it has resulted in criminals having guns while denying law-abiding citizens their basic right to self defense in their own homes.”

In March, the U.S. Court of Appeals for the D.C. Circuit held that “[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.” The D.C. Circuit also rejected the claim that the Second Amendment does not apply to the District of Columbia because D.C. is not a state. This case marks the first time a Second Amendment challenge to a firearm law has reached the Supreme Court since 1939.

“It is beyond unreasonable to prevent law-abiding residents from using a firearm to protect themselves and their loved ones in their own homes, and that is clearly not what our founding fathers intended in crafting the Second Amendment to the U.S. Constitution,” added Chris W. Cox, NRA’s chief lobbyist. “The American people - whether democrat or republican, urban or rural - know that the Second Amendment was not written to give a right to the government, but rather to guarantee the fundamental right of individual citizens.”

Sen. Kay Bailey Hutchison (R-Texas), along with bi-partisan majorities of the U.S. Senate and House of Representatives - in fact, the largest number of co-signers of a congressional amicus brief in American history - will also be filing a strong brief in support of the individual rights view. Several other pro-Second Amendment individuals and organizations, including an overwhelming majority of state attorneys general, will be filing briefs in favor of affirming the D.C. Circuit’s decision as well.

The NRA is widely recognized as America’s foremost defender of Americans’ civil rights as guaranteed by the Second Amendment, as well as being the nation’s leading provider of firearms safety and marksmanship training. The NRA has a vital interest in this case, as the District of Columbia’s arguments, if accepted, would abrogate the fundamental right to keep and bear arms enjoyed by the NRA’s members and other Americans.

As stated in the NRA brief:

“In adopting the Second Amendment, the Framers guaranteed an individual right to keep and bear arms for private purposes, not a collective right to keep and bear arms only in connection with state militia service.”

* * *

“By its terms, the Amendment protects the right ‘of the people’ to keep and bear arms. The holder of the right is unambiguous: it is not the States, it is ‘the people’ themselves.”

* * *

“Americans’ personal right to possess . . . firearms for hunting or self-defense was part of the essence of the Framers’ view of themselves as a free and democratic people. Had Americans in 1787 been told that the federal government could ban the frontiersman in his log cabin, or the city merchant living above his store, from keeping firearms to provide for and protect himself and his family, it is hard to imagine that the Constitution would have been ratified.”

The NRA’s counsel-of-record is Mr. Stephen D. Poss of Goodwin Procter LLP.

Click here to read NRA's brief.

-NRA-

Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen's group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the military.

TRENDING NOW
Canada, Six Months from “Confiscation Day”

News  

Monday, November 8, 2021

Canada, Six Months from “Confiscation Day”

In early 2020, Canadian Prime Minister Justin Trudeau announced his so-called “assault weapon” ban along with a temporary amnesty period that allows the owners of newly-banned firearms to possess their property without incurring criminal liability. Canadians affected ...

Senator Grassley Blocks Gun Control on Senate Floor

News  

Friday, December 3, 2021

Senator Grassley Blocks Gun Control on Senate Floor

On December 2, U.S. Senator Chris Murphy (D-CT) attempted and failed to pass H.R. 8, the dangerously flawed, so-called “universal” background check bill.

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.

Pennsylvania: Governor Tom Wolf Vetoes Constitutional Carry

Friday, December 3, 2021

Pennsylvania: Governor Tom Wolf Vetoes Constitutional Carry

Anti-gun Democrat Governor Tom Wolf kept his promise and vetoed Senate Bill 565 on Thursday. 

Biden Administration Bans Importation of Russian Ammunition

News  

Sunday, August 22, 2021

Biden Administration Bans Importation of Russian Ammunition

The Biden Administration’s Department of State announced that it will soon prohibit the importation of Russian ammunition into the United States. According to a release on the Department of State’s website, “[n]ew and pending permit applications ...

Ohio: House Passes Constitutional Carry

Wednesday, November 17, 2021

Ohio: House Passes Constitutional Carry

Today, the House of Representatives voted 60-32 to pass House Bill 227, the constitutional carry bill. It will now go to the Senate for further consideration.

The Right to Bear Arms Gets Its Day in Court

News  

Monday, November 8, 2021

The Right to Bear Arms Gets Its Day in Court

November 3 was a historic day for constitutional rights in the United States, as the U.S. Supreme Court delved into a detailed and sophisticated exploration of the meaning and scope of the Second Amendment’s right ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Monday, June 30, 2014

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.

Sixth Circuit Bails-Out ATF

News  

Monday, December 6, 2021

Sixth Circuit Bails-Out ATF

Last week, the Sixth Circuit failed to achieve the majority necessary to correct the ATF’s shifting classifications of bump stocks as “machine guns.”

New Jersey:  State Senate Wants to Ban the Second Amendment in Private Homes

Monday, December 6, 2021

New Jersey: State Senate Wants to Ban the Second Amendment in Private Homes

Anti-gun New Jersey politicians have never been bashful about slapping restrictions on Second Amendment rights in the Garden State. 

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.