Tag: gun ban

Gun Owners in the District of Columbia

The Washington Post has an interesting article about what has happened in the city since the Supreme Court declared the city’s gun ban unconstitutional in the landmark Heller decision in 2008.  Basically, hundreds of residents have registered thousands of firearms. More than 2 years have passed and the predicted mayhem is not here. DC Mayor Fenty called the court ruling an “outrage” and said the ban was necessary to stop residents from intentionally or accidentally killing one another.  Paul Helmke of the Brady Campaign says the debate over the ban is not over yet.  Several more years of data gathering will be necessary.  And so the debate rolls on!

For more on this subject, check out the Cato book on the Heller case,  Gun Control on Trial  by Brian Doherty.  Still more here, here, and here.

Chapman on Chicago Pols and Guns

Steve Chapman has another terrific column – this one about gun regulations and the tendency of politicians to exempt themselves from such regulations – for the public good, of course.  Here’s an excerpt:

Roland Burris, another Chicagoan, has endorsed a nationwide ban on handguns and, in 1993, organized Chicago’s first Gun Turn-in Day. But the following year, while running unsuccessfully for governor, he admitted he owned a handgun – “for protection,” he explained – and hadn’t seen fit to turn it in along with those other firearms. Lesser mortals apparently can protect themselves with forks and spoons.

The Supreme Court will soon be hearing an important case about Chicago’s firearm regulations and the right to keep and bear arms.  Cato just filed an amicus brief (pdf) in that case.

Also, persons interested in this subject should know that Cato associate policy analyst David Kopel has a new book just out.

For additional Cato work, go here.

Courts Check D.C. Government — Again.

Last year, the Supreme Court declared the D.C.’s gun control law unconstitutional (pdf).  Now a federal appellate court has unanimously declared that D.C. police’s aggressive ”Neighborhood Safety Zone” (NSZ) checkpoint policy is unconstitutional (pdf). 

Under the policy, any vehicle entering an area that has been declared a “Neighborhood Safety Zone” by the city’s police chief can be “stopped for the purpose of determining whether the driver has a legitimate reason for entering the NSZ.”

Here’s an excerpt from the appelate court decision:

We further conclude that appellants have sufficiently demonstrated irreparable injury, particularly in light of their strong likelihood of success on the merits. … The harm to the rights of appellants is apparent. It cannot be gainsaid that citizens have a right to drive upon the public streets of the District of Columbia or any other city absent a constitutionally sound reason for limiting their access. As our discussion of the likelihood of success has demonstrated, there is no such constitutionally sound bar in the NSZ checkpoint program. It is apparent that appellants’ constitutional rights are violated. It has long been established that the loss of constitutional freedoms, “for even minimal periods of time, unquestionably constitutes irreparable injury.” Granted, the District is not currently imposing an NSZ checkpoint, but it has done so more than once, and the police chief has expressed her intent to continue to use the program until a judge stops her.

It’s time for Mayor Adrian Fenty to show Peter Nickles, the Attorney General of the city, to the door.  Too many of his ideas have proven to be misguided and contrary to law.

One Year After Heller

One year ago today, the Supreme Court handed down its decision in District of Columbia et al. v. Heller. The decision affirmed the Second Amendment as protecting an individual right to keep and bear arms and invalidated the District of Columbia’s draconian gun control regime.

The case generated a storm of media attention. The Cato Institute filed an amicus brief, one of nearly four dozen in the case.

The Cato Institute held a forum for Brian Doherty’s book chronicling this victory for liberty, Gun Control on Trial: Inside the Supreme Court Battle Over the Second Amendment. The Heller case also figured prominently in Cato multimedia from Robert A. Levy and Clark Neily.

Heller did not settle all of the questions related to the right to keep and bear arms. The incorporation of the Second Amendment against state bans and regulations is currently being litigated across the country. A three-judge panel in the Court of Appeals for the Ninth Circuit held that the Second Amendment is incorporated against the states. The Seventh Circuit and Second Circuit disagreed. Supreme Court nominee Sonia Sotomayor was on the Second Circuit panel that declined to incorporate the Second Amendment, and Roger Pilon notes that this may play into her confirmation hearings. The circuit split on incorporation sets the stage for a further appeal to the Supreme Court, and Alan Gura and the National Rifle Association have both filed petitions for a writ of certiorari. Robert A. Levy discusses this in his recent Cato podcast.

It will be interesting to see what the next year brings for the Second Amendment.