Thoughts, essays, and writings on Liberty. Written by the heirs of Patrick Henry.

February 8, 2008

Respondents File Brief In D.C. v. Heller

by Doug Mataconis

Earlier this week, the Respondents filed their opposition brief to the District of Columbia’s appeal in District of Columbia v. Heller:

If the Constitution protects an individual’s right to possess a handgun, then the District’s ban on such arms must be declared unconstitutional, lawyers for the man challenging the “nation’s most draconian gun laws” told the Supreme Court yesterday.

Lawyers for Dick Anthony Heller, a security guard, filed a brief saying that the District’s categorical restrictions are so broad that they cannot comply with the Second Amendment’s protection of the right to bear arms.

“However else [the District] might regulate the possession and use of arms, their complete ban on the home possession of all functional firearms, and their prohibition against home possession and movement of handguns, are unconstitutional,” wrote Alan Gura, one of three lawyers representing those who challenged the District’s 1976 ban.

District of Columbia v. Heller, to be argued before the justices March 18, promises a historic examination of the Second Amendment, which holds that “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.”

As Jason noted earlier today, there was also an amicus brief filed by members of Congress in addition to several other amicus briefs in support of Heller’s position:

Additionally amicus briefs are expected to be filed before Monday’s deadline.

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  • http://www.jasonpye.com Jason

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