|
DC
vs Heller
by Jennifer Freeman |
|
While the mainstream media rails on about Spitzer's affair with a prostitute, the United States Supreme Court began hearing arguments today on a landmark case pertaining to the Second Amendment. Thanks to what can only be described as a media blackout, most Americans have a vague idea at best about what's going on. We are pleased to provide you with some of the basic information on the case. In 1976, the District of Columbia stopped issuing licenses that would allow DC residents to own or a possess a handgun. Since a license to own or possess a handgun was mandatory the decision to stop issuing licenses effectively banned handguns in DC. Washington DC is commonly referred to as, "the murder capitol of the nation." It is also illegal to possess a shotgun or rifle unless the firearm is completely dismantled or if it has a trigger lock on it. A trigger lock cannot be secured unless the firearm is unloaded. Even if a person, by some miracle was able to unlock and load their firearm during the course of an emergency, that person would be in violation of the law. In short, handguns, rifles, and shotguns are effectively banned in DC. In 2003, Shelly Parker, a 44-year old, African American software designer who served in the Navy, joined five other Washington DC plaintiffs in a lawsuit protesting the handgun ban in the District. The six plaintiffs were: Shelly Parker, Tom Palmer, Gillian St. Lawrence, Tracey Ambeau, George Lyon and Dick Heller. Parker joined the lawsuit because her neighborhood had deteriorated to the point of being life threatening. The police were slow to respond. And her efforts at an organized neighborhood patrol were not enough to keep criminals at bay. She needed a gun for protection but guns were banned in DC. One day Shelly was walking in a parking lot when she spotted a car with a bumper sticker that read: http://www.blackmanwithagun.com. She told the driver about what was happening in her neighborhood. He put her in touch with one of his friends, Alan Gura, one of the lawyers in the gun litigation. She agreed to add her name as a plaintiff. The District court dismissed the lawsuit and the case was appealed. In March, 2007, the U.S. Court of Appeals for the DC Circuit struck down parts of Washington, D.C.'s strict gun-control ordinance as a violation of residents' Second Amendment right to bear arms in Parker v. District of Columbia. In April, 2007, the District and Mayor Adrian Fenty petitioned for rehearing en banc, arguing that the ruling creates inter- and intra-jurisdictional conflict. On May 8, 2007, the United States Court of Appeals for the D.C. Circuit denied the request to rehear the case, by a 6-4 vote. In September, 2007, DC Mayor Adrian Fenty petitioned the U.S. Supreme Court to hear the case. The District of Columbia's petition stated that the question presented was, "Whether the Second Amendment forbids the District of Columbia from banning private possession of handguns while allowing possession of rifles and shotguns." Five of the original plaintiffs in the case cross-petitioned the Supreme Court on September 10, 2007 to reinstate their legal claims against the District. The Plaintiffs case asks the question, "Whether the Second Amendment guarantees law-abiding, adult individuals a right to keep ordinary, functional firearms, including handguns, in their homes." The appellate court ruling held that of the original six plaintiffs, only Heller had the necessary standing to challenge the law. The five plaintiffs other than Heller now ask that the court restore their case against the district. In November, 2007, the U.S. Supreme Court agreed to hear the case of Distict of Columbia vs. Heller. On March 18, 2007, the U.S. Supreme Court began hearing oral arguments. Complete details include written transcripts and links to audio transcripts can be found at SCOTUS Blog.
Jennifer Freeman
is Executive Director and co-founder of Liberty Belles, a grass-roots
organization dedicated to restoring and preserving the Second Amendment.
|
||||
|
copyright © 2001-2008 |
||||