Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The Supreme Court in November decided to take its first hard look at the meaning of the Second Amendment in nearly 70 years. Only slightly less extraordinary was the way in which the case arrived on the high court’s porch. In March, the U.S. Court of Appeals for the D.C. Circuit, in Parker v. District of Columbia, struck down parts of Washington, D.C.’s gun control law as a violation of residents’ Second Amendment right to bear arms. It marked the first time an appeals court had found a law unconstitutional based on this controversial, comma-pocked portion of the Bill of Rights: “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.” Miserable grammarians, the Framers were. The provisions at issue, among the strictest in the nation, barred newly registered handguns, banned carrying pistols inside a person’s home, and required that licensed firearms be kept locked or disassembled. The D.C. Circuit opinion, authored by Senior Judge Lawrence Silberman, was a strong argument for the view that the Second Amendment protects an individual right to bear arms, rather than the militia or group right that the Supreme Court recognized in 1939 in United States v. Miller. The case at hand was carefully planned. In 2006, the Cato Institute’s Robert Levy, a wealthy libertarian lawyer who has never owned a gun, hunted for a balanced group of plaintiffs that cut across racial, age, gender, and economic lines. He settled on three men and three women � four white and two black � but five were bounced from the case in March, when the D.C. Circuit found they lacked standing because they had never tried to register a gun. Dick Heller, the remaining plaintiff, had tried to register a pistol he purchased while living elsewhere. In March, Alan Gura of Gura & Possessky, who has handled the case from the start with Levy’s help, will face off against veteran Alan Morrison, the former Public Citizen lawyer who is now special counsel to the District’s interim attorney general. The case will likely be decided by June � just in time for the presidential candidates, whoever they might be, to campaign on the ever-contentious issues of gun rights and the role of the Supreme Court.
Joe Palazzolo can be contacted at [email protected]. Tony Mauro can be contacted at [email protected].

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.