Tuesday, June 24, 2008

District of Columbia v. Heller - a recap

The following is for Chris, but I'm sure other people may find it helpful...

In November, 2007, the Supreme Court agreed to hear a case called District of Columbia v. Heller. The case involves Washington DC's seeking to revive its flat ban on private possession of handguns. SCOTUS blog has an excellent summary:

The Justices chose to write out for themselves the constitutional question they will undertake to answer in Heller. Both sides had urged the Court to hear the city’s case, but they had disagreed over how to frame the Second Amendment issue.

Here is the way the Court phrased the granted issue:

“Whether the following provisions — D.C. Code secs. 7-2502.02(a)(4), 22-4504(a), and 7-2507.02 — violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?”


Interestingly, the NRA was not really supportive of the filing of this case. The ABA Journal explains:

In fact, the gun rights supporters who filed it complain that lawyers working for the NRA, concerned the case could backfire, spent considerable time and money trying to scuttle it. The association finally was dragged kicking and screaming before the Supreme Court after the prospect of review appeared more likely than it has in years.

Though the NRA champions individual ownership under the Second Amendment, its critics say the association shares one concern with gun-control advocates: Both fear that a definitive Supreme Court statement against them on the Second Amend­ment would cripple, if not kill, their causes.

“The NRA wants to be the one to define the meaning of the Second Amendment,” says Josh Sugarman, executive director for the anti-gun Violence Policy Center in Washing­ton. Sugarman’s 1992 book, National Rifle Association: Money, Firepower & Fear, is widely regarded as one of the most authoritative histories of the organization.

“They don’t want the Supreme Court to do it, because the [NRA view] is good for [the fundraising] business.”


Many believe this will be the last week for this SCOTUS session, so the Heller decision is expected Wednesday (tomorrow) or possibly Thursday.