Changes

Jump to navigation Jump to search
1,025 bytes added ,  05:21, November 17, 2009
This page is in a despicable state for such a significant case. I just started cleaning it up, but there's much more work to do. Please help!!!
Line 1: Line 1:  
'''''District of Columbia v. Heller''''' was the most significant [[gun control]] case in the [[United States]] in about 70 years.<ref>[http://www.nytimes.com/2007/11/12/washington/13scotus.html?partner=rssnyt&emc=rss NY Times article].</ref>  Oral argument before the [[U.S. Supreme Court]] took place on March 18, 2008. Chief Justice [[John Roberts]] took the unusual step of authorizing an early release of the audio recording of argument to the public.<ref>http://www.newsday.com/news/politics/wire/sns-ap-scotus-audio,0,7739435.story</ref>
 
'''''District of Columbia v. Heller''''' was the most significant [[gun control]] case in the [[United States]] in about 70 years.<ref>[http://www.nytimes.com/2007/11/12/washington/13scotus.html?partner=rssnyt&emc=rss NY Times article].</ref>  Oral argument before the [[U.S. Supreme Court]] took place on March 18, 2008. Chief Justice [[John Roberts]] took the unusual step of authorizing an early release of the audio recording of argument to the public.<ref>http://www.newsday.com/news/politics/wire/sns-ap-scotus-audio,0,7739435.story</ref>
   −
In March 2007, The Court of Appeals for the [[D.C. Circuit]] invalidated a 31-year-old [[gun control]] statute in the [[District of Columbia]] based on an interpretation that the [[Second Amendment]] protects an individual right to own firearms, by declaring that "the right in question is individual" and not, as gun control proponents claim, a collective right limited to membership in a state militia.<ref>''Parker v. District of Columbia'', 478 F.3d 370 (D.C. Cir. 2007).</ref>  The D.C. statute had completely prohibited residents of the [[District of Columbia]] from possessing firearms in a manner compatible with [[self defense]].  The Court, in striking it down, relied on a Department of Justice memo that observed, "The Second Amendment secures a right of individuals generally, not a right of States or a right restricted to persons serving in militias."<ref name="amendment">[http://www.usdoj.gov/olc/secondamendment2.pdf DOJ Memo].</ref>
+
In March 2007, the Court of Appeals for the [[D.C. Circuit]] invalidated a 31-year-old [[gun control]] statute in the [[District of Columbia]] based on an interpretation that the [[Second Amendment]] protects an individual right to own firearms, by declaring that "the right in question is individual" and not, as gun control proponents claim, a collective right limited to membership in a state militia.<ref>''Parker v. District of Columbia'', 478 F.3d 370 (D.C. Cir. 2007).</ref>  The D.C. statute had completely prohibited residents of the [[District of Columbia]] from possessing firearms in a manner compatible with [[self defense]].  The Court, in striking it down, relied on a Department of Justice memo that observed, "The Second Amendment secures a right of individuals generally, not a right of States or a right restricted to persons serving in militias."<ref name="amendment">[http://www.usdoj.gov/olc/secondamendment2.pdf DOJ Memo].</ref>
    
That appellate struck down the 31-year-old statute in D.C. as unconstitutional.  ''[[Parker v. District of Columbia]]'', 478 F.3d 370 (D.C. Cir. 2007).  The Court cited how the D.C. gun control prohibited ownership of handguns for self-defense even within one’s home, and the panel of judges relied on a Department of Justice memo that observed, "The Second Amendment secures a right of individuals generally, not a right of States or a right restricted to persons serving in militias." <ref name="amendment" />
 
That appellate struck down the 31-year-old statute in D.C. as unconstitutional.  ''[[Parker v. District of Columbia]]'', 478 F.3d 370 (D.C. Cir. 2007).  The Court cited how the D.C. gun control prohibited ownership of handguns for self-defense even within one’s home, and the panel of judges relied on a Department of Justice memo that observed, "The Second Amendment secures a right of individuals generally, not a right of States or a right restricted to persons serving in militias." <ref name="amendment" />
Line 10: Line 10:     
== Background ==  
 
== Background ==  
 +
Multiple plaintiffs had originally sued the city, but the Court of Appeals dismissed all of them except [[Dick Anthony Heller]], who was the only one who had actually (unsuccessfully) tried to get a permit to own a handgun.  Hellard, a security guard, had received a special permit to wear a gun at work; however, he was not allowed to keep one at home.
   −
[[Dick Anthony Heller]] is the man involved in the case. He sued the District of Columbia when they wouldn't allow him to keep a handgun in his own home.
+
Surprisingly to many (including the NRA, who had shied away from the case as a potential setback<ref>http://reason.com/archives/2008/11/18/how-the-second-amendment-was-r</ref>), the Court of Appeals ruled in favor of Hellard.  The District of Columbia promptly appealed to the Supreme Court.
    
== [[Amicus Curiae]] Briefs ==
 
== [[Amicus Curiae]] Briefs ==
   −
Far more [[conservative]] than [[liberal]] amicus curiae briefs have been filed in this action.<ref>http://www.scotusblog.com/wp/?s=Heller</ref>  One of the conservative briefs is devoted entirely to point out errors in submissions by the pro-[[gun control]] side.<ref>http://www.gurapossessky.com/news/parker/documents/07-290bsacCitizensCommittee.pdf</ref>
+
Far more [[conservative]] than [[liberal]] amicus curiae briefs were filed in this action.<ref>http://www.scotusblog.com/wp/?s=Heller</ref>  One of the conservative briefs is devoted entirely to point out errors in submissions by the pro-[[gun control]] side.<ref>http://www.gurapossessky.com/news/parker/documents/07-290bsacCitizensCommittee.pdf</ref>
    
The following groups, none of which are known to be [[conservative]], did file [[amicus curiae]] briefs in favor of [[gun control]] in this case:<ref>http://dcguncase.com/blog/case-filings/</ref>
 
The following groups, none of which are known to be [[conservative]], did file [[amicus curiae]] briefs in favor of [[gun control]] in this case:<ref>http://dcguncase.com/blog/case-filings/</ref>
Line 55: Line 56:  
== Ruling ==
 
== Ruling ==
 
On June 26th, the Court ruled in favor of Heller, finding that the District of Columbia's gun laws violated the Second Amendment, which protects an individual right to keep and bear arms.  Justice [[Antonin Scalia]] wrote the 5-4 majority opinion. The dissenters agreed that the Second Amendment protects an individual right, but argued that D.C. could ban handguns anyway.
 
On June 26th, the Court ruled in favor of Heller, finding that the District of Columbia's gun laws violated the Second Amendment, which protects an individual right to keep and bear arms.  Justice [[Antonin Scalia]] wrote the 5-4 majority opinion. The dissenters agreed that the Second Amendment protects an individual right, but argued that D.C. could ban handguns anyway.
 +
 +
==Effects==
 +
The decision does not immediately have implications outside the [[District of Columbia]], because the [[Bill of Rights]] directly applies only to the Federal government.<ref>[[McCullough v. Maryland]], Chief Justice [[John Marshall]]</ref>  However, the Supreme Court is currently considering [[McDonald v. Chicago]], which argues that the Second Amendment right to keep and bear arms should be incorporated against the states under the Fourteenth Amendment.
    
== References ==
 
== References ==
    +
*[http://www.heritage.org/Research/LegalIssues/wm1775.cfm The Federal Government’s Brief in the D.C. Gun Ban Case: A Glass That Is More Than Half Full], [[Todd Gaziano|Todd F. Gaziano]] and [[Andrew Grossman]], ''[[Heritage Foundation]]'', January 18, 2008
 +
*[http://www.law.cornell.edu/supct/html/07-290.ZS.html Full text of all opinions]
 
<references/>
 
<references/>
    
[[category:United States Supreme Court Cases]]
 
[[category:United States Supreme Court Cases]]
 
[[category:Second Amendment]]
 
[[category:Second Amendment]]
  −
== Sources ==
  −
  −
*[http://www.heritage.org/Research/LegalIssues/wm1775.cfm The Federal Government’s Brief in the D.C. Gun Ban Case: A Glass That Is More Than Half Full], [[Todd Gaziano|Todd F. Gaziano]] and [[Andrew Grossman]], ''[[Heritage Foundation]]'', January 18, 2008
 
740

edits

Navigation menu