http://www.miamiherald.com/news/nation/ ... 67757.html
By MATTHEW BARAKAT
Associated Press Writer
WASHINGTON --
The Second Amendment's provisions protecting the right to keep and bear arms apply only to the federal government, not the 50 states and the District of Columbia, lawyers for the nation's capital argued Friday in a written brief to the U.S. Supreme Court.
The district is seeking to preserve its three-decade ban on handgun possession after a federal appeals court ruled in March that the ban is an unconstitutional infringement on an individual's right to keep and bear arms.
The U.S. Supreme Court agreed to take the case, setting up what could be a landmark ruling on the scope of the Second Amendment. The court has not addressed the issue in a significant way for nearly 70 years.
"We are going to argue not just the most significant legal case in the history of the District of Columbia, but one of the most significant legal challenges in the history of the country," Mayor Adrian Fenty said at a press conference Friday in which he introduced former U.S. Solicitor General Walter Dellinger as the lead attorney representing the district.
The primary issue is whether the right to keep and bear arms is an individual right or a collective right belonging to state militias. A majority of the U.S. Court of Appeals for the District of Columbia ruled that the founding fathers intended the right apply to individuals and struck down the D.C. law, though it remains in effect while the case is on appeal.
The district argues that the Second Amendment protects the right to keep and bear arms only in the context of an organized militia.
In the brief, the district makes an additional argument: That the founding fathers' concern in drafting the Second Amendment was to protect states from an overbearing federal government that might restrict access to firearms as a means of crippling state militias.
As such, the Second Amendment only restricts Congress, they argue.
"The primary goal of those who demanded (the Bill of Rights) as a condition of ratification to the Constitution was to control the federal government," the lawyers wrote. "That is especially true with respect to the inclusion of the Second Amendment."
Alan Gura, the lawyer representing the D.C. resident who challenged the law, called the district's argument "very creative but wrong."
The fundamental flaw, he said, is that the district is a creation of Congress and the federal government, so the D.C. Council would be subject to the same restrictions as Congress in passing gun-control laws.
Randy Barnett, law professor at Georgetown University, agreed that the argument is strained, and said that if the high court accepts the notion that the right to bear arms is an individual right, it would be hard pressed to turn around and allow the district and the states to violate that right.
The district's interpretation "is at odds with the text and the original meaning of the Second Amendment and the rest of the Bill of Rights as well," Barnett said.
The Supreme Court may hear arguments in the case in March.
Because the case addresses not only the Second Amendment but also the peculiar status of the District of Columbia as a federal enclave, it is unclear whether the Supreme Court ruling will have a direct impact on the national gun-control issue.
2nd Amendment Does Not Apply Here
What's going on in Washington, D.C.?
Moderators: carlson1, Charles L. Cotton
Jump to
- Administrative
- ↳ Site Announcements, Questions & Suggestions
- ↳ Test Area
- ↳ Technical Tips, Questions & Discussions (Computers & Internet)
- Resources & Links
- ↳ CHL Checklist
- ↳ Government resources & CHL-related links
- ↳ DPS Updates
- National Rifle Association, Texas Firearms Coalition & Good Guys United
- ↳ National Rifle Association
- ↳ Texas Firearms Coalition
- ↳ Good Guys United
- General
- ↳ General Gun, Shooting & Equipment Discussion
- ↳ General Texas CHL Discussion
- ↳ Gun and/or Self-Defense Related Political Issues
- ↳ Rifles & Shotguns
- ↳ New to CHL?
- ↳ The "Waiting Room"
- ↳ Other States
- ↳ Shooting Ranges
- ↳ Reloading Forum
- ↳ Never Again!!
- ↳ Competitive Shooting
- ↳ Hunting Photos
- ↳ Books & Videos
- ↳ Off-Topic
- ↳ Ladies
- ↳ Anti-gun propaganda and other lies!
- ↳ Second Amendment Cases
- Day-To-Day
- ↳ Holsters & Accessories
- ↳ LEO Contacts & Bloopers
- ↳ "How To" Tips
- ↳ Job Board
- ↳ Camp's Corner
- ↳ Prayer Requests & Updates
- ↳ The Crime Blotter
- ↳ Self-Defense Reports
- ↳ Training & Practice
- Instructors , Classes and Training
- ↳ LTC Class Schedules & Locations
- ↳ Basic & Advanced Training (Non-LTC)
- ↳ Past Classes
- ↳ Instructors' Corner
- ↳ General
- Market: Buy, Sell, Trade - Please check the minimum posting requirements in Forum Rule 13
- ↳ Holsters, Accessories, Reloading Equipment & Supplies
- ↳ Firearms
- ↳ FFL Holders
- ↳ Closed Items
- ↳ Commercial Vendor Bargains and Deal
- ↳ Non-Firearm related items
- Community Service Announcements
- ↳ General Announcements
- ↳ Animal Rescue
- ↳ Prior Year TexasCHLforum Days
- ↳ 2012 TexasCHLforum Day at PSC
- ↳ 2010 TexasCHLforum Day at PSC
- ↳ 2009 TexasCHLforum Day at PSC
- ↳ TexasCHLforum Day at PSC 2008
- ↳ Feedback - 2007 TexasCHLforum Day at PSC
- ↳ 2007 TexasCHLforum Day
- Legislative
- ↳ General Legislative Discussions
- ↳ 2019 Texas Legislative Session
- ↳ Governor's Abbott's "School and Firearm Safety Action Plan"
- ↳ Crimes on Campus
- ↳ Prior Session: 2005 - 2017
- ↳ 2015 Legislative Session
- ↳ 2013 Texas Legislative Session
- ↳ 2013 Calls-To-Action
- ↳ 2011 Texas Legislative Session
- ↳ 2009 Texas Legislative Session
- ↳ 2007 Texas Legislative Session
- ↳ 2005 Texas Legislative Session
- ↳ Goals for 2007
- ↳ Concealed Carry on College Campuses
- ↳ 2017 Texas Legislative Session
- ↳ 2017 Legislative Wish List
- ↳ Federal
- Elections
- ↳ Prior Year Elections
- ↳ 2012 Texas & Federal Elections
- ↳ Texas - 2008
- ↳ Federal - 2008
- ↳ 2014 Elections