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| − | ''District of Columbia v. Heller'' is the most significant [[gun control]] case in the [[United States]] in about 70 years. The Court of Appeals for the [[D.C. Circuit]] invalidated a [[gun control]] statute in the [[District of Columbia]] based on an interpretation that the [[Second Amendment]] protects an individual right to own firearms. The D.C. statute had completely prohibited residents of the [[District of Columbia]] from possessing firearms in a manner compatible with [[self defense]]. | + | ''District of Columbia v. Heller'' is 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> 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>[http://www.usdoj.gov/olc/secondamendment2.pdf DOJ Memo].</ref> |
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| | + | 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.” http://www.usdoj.gov/olc/secondamendment2.pdf |
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| | In 2007 the [[United States Supreme Court]] granted [[certiorari]] to reconsider the appellate decision, and a decision is expected in June 2008. The Court indicated that it would address the following issue ("Question Presented"): | | In 2007 the [[United States Supreme Court]] granted [[certiorari]] to reconsider the appellate decision, and a decision is expected in June 2008. The Court indicated that it would address the following issue ("Question Presented"): |
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| | :The studies detailed below show that the risk of suicide, homicide, and accidental gun death is greater in homes with guns, and in communities with a higher prevalence of guns. Numerous studies indicate that people who have guns in their homes are at a substantially increased risk of suicide. Similarly, the presence of a gun at home increases the risk of homicide for the occupants of that home. And handguns, in particular, are responsible for the majority of all firearm homicides and suicides. Ultimately, the evidence below shows that a substantial number of murders, suicides, and unintentional firearm deaths may be prevented by the statutes challenged in this case. | | :The studies detailed below show that the risk of suicide, homicide, and accidental gun death is greater in homes with guns, and in communities with a higher prevalence of guns. Numerous studies indicate that people who have guns in their homes are at a substantially increased risk of suicide. Similarly, the presence of a gun at home increases the risk of homicide for the occupants of that home. And handguns, in particular, are responsible for the majority of all firearm homicides and suicides. Ultimately, the evidence below shows that a substantial number of murders, suicides, and unintentional firearm deaths may be prevented by the statutes challenged in this case. |
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| − | The brief by the American Academy of Pediatrics is more strident: "Consistent with the responsibilities of municipal government confronted with a public health crisis among its most vulnerable, the District of Columbia enacted narrow legislation to staunch the contagion."<ref>http://www.gurapossessky.com/news/parker/documents/07-290tsaAmerican%20Academy.pdf</ref> | + | The brief by the American Academy of Pediatrics (AAP) is more strident: "Consistent with the responsibilities of municipal government confronted with a public health crisis among its most vulnerable, the District of Columbia enacted narrow legislation to staunch the contagion."<ref>http://www.gurapossessky.com/news/parker/documents/07-290tsaAmerican%20Academy.pdf</ref> The AAP devotes one of its argument headings to its claim that "children cannot be taught gun safety."<ref>http://www.gurapossessky.com/news/parker/documents/07-290tsaAmerican%20Academy.pdf</ref> |
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| | == References == | | == References == |