Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

NRA And U.S. Lawmakers Join <I>D.C. V. Heller</I> Plaintiffs In Filing Briefs With U.S. Supreme Court

Friday, February 8, 2008

On Thursday, February 7, NRA and the NRA Civil Rights Defense Fund submitted an amicus curiae brief to the United States Supreme Court in the case of District of Columbia v. Heller. This "friend of the court" 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. 

The NRA brief follows Heller's own brief, filed Feb. 4.  Several other pro-Second Amendment individuals and organizations, including an overwhelming majority of state attorneys general, will also be filing briefs today and Monday in favor of affirming the D.C. Circuit's decision.  

"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."  

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 on the brief is Stephen D. Poss of Goodwin Procter LLP.  

Click here to read NRA's brief.  All the briefs and other filings in the case are available at www.dcguncase.com.
TRENDING NOW
Governor Bevin Signs NRA-backed Constitutional Carry

News  

Monday, March 11, 2019

Governor Bevin Signs NRA-backed Constitutional Carry

The NRA applauds Kentucky Governor Matt Bevin for signing Senate Bill 150 into law, an NRA-backed bill that fully recognizes the constitutional right of law-abiding gun owners to carry a concealed firearm.

Activist Court Turns the Law Designed to Protect the Firearm Industry from Frivolous Lawsuits on its Head

News  

Friday, March 15, 2019

Activist Court Turns the Law Designed to Protect the Firearm Industry from Frivolous Lawsuits on its Head

On Thursday, the Connecticut Supreme Court created a dangerous new exception to the Protection of Lawful Commerce in Arms Act (PLCAA), a strong safeguard for our right to keep and bear arms.  

Nevada: Omnibus Anti-Gun Bill Introduced, Legislator Bill Introduction Deadline Extended

Monday, March 18, 2019

Nevada: Omnibus Anti-Gun Bill Introduced, Legislator Bill Introduction Deadline Extended

Today, Assembly Bill 291 was introduced by Assemblywoman Sandra Jauregui (D-41).  This omnibus anti-gun legislation is a threat to both gun owners residing in Nevada and those who are visiting. 

NRA Praises Vermont Superior Court Decision on&#160;Magazine&#160;Bans

News  

Thursday, March 21, 2019

NRA Praises Vermont Superior Court Decision on Magazine Bans

NRA applauds the Vermont Superior Court for allowing a lawsuit challenging the State's ban on standard capacity magazines to proceed. 

Yesterday’s Scandal, Today’s Mandate: Anti-gunner Embraces Operation Choke Point as Official Policy

News  

Wednesday, March 13, 2019

Yesterday’s Scandal, Today’s Mandate: Anti-gunner Embraces Operation Choke Point as Official Policy

On Tuesday, U.S. Rep. Carolyn Maloney (D-NY) unabashedly embraced the tactics behind one of the most shameful policies of the Obama era, openly using the guise of her federal authority to berate and not so ...

Canada’s Senate Holds Hearings on “Rube Goldberg” Gun Control Law, Bill C-71

News  

Friday, March 15, 2019

Canada’s Senate Holds Hearings on “Rube Goldberg” Gun Control Law, Bill C-71

Last month, the Senate Standing Committee on National Security and Defence (SECD) concluded two days of hearings on Bill C-71, the Liberal government’s gun control bill. (An additional hearing date has been set for March 18, ...

Colorado: Senate Committee Rapidly Passes “Red Flag” Bill to the Senate Floor With Little Notice

Tuesday, March 19, 2019

Colorado: Senate Committee Rapidly Passes “Red Flag” Bill to the Senate Floor With Little Notice

With less than 12 hours-notice to the public, the Senate Appropriations Committee passed gun control legislation, House Bill 1177, this morning.

Monday, March 18, 2019

Alert! Look Out ALABAMA! Here comes D.J. Parten's Bait & Switch

It looks like D.J. Parten is making a move on Alabama.  We’ve heard that he’s trying to establish himself in another state – Alabama.  So, if you know people in Alabama, forward this email to ...

Maryland: House Passes Multiple Gun Control Bills to the Senate

Tuesday, March 19, 2019

Maryland: House Passes Multiple Gun Control Bills to the Senate

Last night, the Maryland House passed multiple gun control bills.  House Bill 786 was passed by a 90 to 49 vote, and House Bill 740 was passed by a 94 to 45 vote. 

Indiana: Senate Committee Passes Important Self-Defense Bill

Wednesday, March 20, 2019

Indiana: Senate Committee Passes Important Self-Defense Bill

On March 20th, the Indiana state Senate Judiciary committee voted 7-3 to pass House Bill 1284 to enhance protections afforded to law-abiding citizens acting in defense of themselves and others.

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.