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D.C.
Gun Ban Appeal Could Change National Policy |
Posted:
09.12.07
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Washington, D.C. is asking the U.S. Supreme Court to decide whether
the city's handgun ban is legal, setting the stage for a showdown
over gun control law in America.
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Washington, D.C. filed a petition in September asking the Supreme
Court to reverse a lower court's decision to strike down the city's
ban on handgun ownership.
"Having a handgun, whether in the home or outside it, comes
at the expense of those who might be victims. Whatever right the
Second Amendment guarantees, it does not require the District
to stand by while its citizens die," the city's petition
to the court said.
The 30-year-old law in question makes it illegal to posses a
handgun inside the city but allows citizens to own shotguns or
rifles. Most of the shootings in the city are committed with handguns.
The U.S. Court of Appeals for the D.C. Circuit in March 2007
ruled the ban violates the Second Amendment to the U.S. Constitution
which states: "A well-regulated militia, being necessary
to the security of a free state, the right of the people to keep
and bear arms, shall not be infringed."
A decision would clarify whether the Second Amendment protects
private gun ownership (the "individual" interpretation)
or only imparts a civic right related to maintaining state militias
(the "collective" interpretation).
It also would be the first time the highest court in the land
considers an important gun rights case since 1939, according to
the Washington Post.
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Militia versus
individual rights |
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At issue in the D.C. case, which is named District of Columbia
v. Dick Anthony Heller, is whether the city is allowed to outlaw
all handguns while still allowing citizens to own shotguns or
rifles.
The appeals judges decided in a 2-1 vote that the Second Amendment
"protects an individual right to keep and bear arms"
and "once it is determined -- as we have done -- that handguns
are 'arms' referred to in the Second Amendment, it is not open
to the District to ban them."
Most of the other appeals courts -- there are 13 in all -- have
ruled that the Second Amendment concerns militias ("collective")
and does not guarantee private gun ownership ("individual").
The 5th U.S. Circuit Court of Appeals based in New Orleans agreed
with the D.C. Court.
The Supreme Court usually takes cases that have been decided
differently at various courts of appeals because diverse interpretations
of the Constitution can lead to confusion.
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Impact of
a ruling |
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The issue of gun control is particularly controversial to many
Americans.
Gun control advocates want the government to be able to regulate
weapons to protect innocent people, while gun rights  proponents
argue that the Second Amendment guarantees citizens a right to
own weapons, primarily so that they can protect themselves.
If the Supreme Court sides with Washington, D.C. and upholds
the handgun ban, it would validate the legal arguments of the
gun control camp.
If the court sides with the appeals court and declares the D.C.
ban unconstitutional, it could become difficult, but not impossible,
for the government to regulate ownership and use of guns, according
to the Legal Times.
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New court
lineup |
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One important factor that could influence the outcome is the
relatively new makeup of the nine-member Supreme Court.
 President
Bush recently replaced the conservative Chief Justice William
Rehnquist and the more moderate Associate Justice Sandra Day O'Connor
with two solidly conservative justices: Chief Justice John Roberts
and Associate Justice Samuel Alito.
The court now has four conservative-leaning justices and four
liberal-leaning justices, with Justice Anthony Kennedy straddling
the middle.
This new lineup gives conservative judicial decisions, like the
D.C. court of appeals' overturning of the handgun ban, a greater
chance of becoming the law of the land.
--
Compiled by Quinn Bowman for NewsHour Extra
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I think we've been witnessing violence for years, whether in reality through the media or through video games, and I don't think that's a first-hand effect.
