FLE

The D.C. Gun Ban: Supreme Court Preview

On September 4, the District of Columbia government asked the Supreme Court to reverse a federal appellate decision in Parker v. District of Columbia, 478 F.3d 370 (D.C. Cir. 2007), which upheld a Second Amendment challenge to D.C.'s ban on all functional firearms. The six D.C. residents who brought the lawsuit — although they won in the lower court — agree with the city that the Supreme Court should revisit the Second Amendment for the first time since 1939. A four-square pronouncement from the High Court is long overdue. The entire nation, not just Washington, D.C., needs to know how courts will interpret "the right of the people to keep and bear arms." Sometime before yearend, the justices will decide whether to review the case. If the Supreme Court chooses to intervene, a final decision will probably be issued by June 30, 2008. D.C. Mayor Adrian M. Fenty and attorney general Linda Singer, in their petition to the Supreme Court and in a Washington Post op-ed ("Fighting for Our Handgun Ban," September 4), raise four arguments in support of the city's ban. Their first argument is that the Second Amendment ensures only that members of state militias are properly armed, not that private citizens can have guns for self-defense and other personal uses. That contentious question has been debated at length on these pages. See Dennis Henigan, "The Mythic Second," March 26, 2007; and Robert A. Levy, "Thanks to the Second Amendment," April 16, 2007. The city's remaining three arguments — two legal claims and one policy claim — have received comparatively less attention. First, declares the mayor, even if the Second Amendment protects private ownership of firearms for non-militia purposes, a ban on all handguns is reasonable because D.C. allows possession of rifles and shotguns in the home. Second, the Amendment restricts the actions of the federal government, but not the states, and D.C. should be treated the same as a state for Second Amendment purposes. And third, "handgun bans work"; the streets of the Nation's Capital are safer as a result. Let's consider each argument in turn....