Excerpts From Friend-of-Court Briefs

The D.C. gun case exposes strange bedfellows and internal rifts in the administration

March 7, 2008 RSS Feed Print
  • Comment (24)

• Pink Pistols—a group of gay and lesbian firearms owners (.pdf):
"Laws that prevent the use of firearms for self defense in one's own home disproportionately impact those individuals who are targets of hate violence due to their minority status, whether defined by race, religion, sexual orientation, or other characteristic. Even in their homes, LGBT [lesbian, gay, bisexual, transgendered] individuals are at risk of murder, aggravated assault and other forms of hate violence because of their sexual orientation. In fact, the home is the most common site of anti-gay violence."

• Jews for the Preservation of Firearms Ownership (.pdf):
"Throughout history, the disarmament of populations has all too frequently resulted in genocide and mass oppression. History is replete with this familiar pattern. To limit the right to keep and bear arms to a state regulated militia is to disregard what the Framers understood—that individual possession of arms is essential to preventing usurpation by the state.

"In many cases, firearm confiscation followed only after the groundwork was laid by purportedly 'reasonable' regulation and registration of firearms. History illustrates just how readily the standardless 'reasonable' regulation of firearms invites large scale abuse by the state and ultimately paves the way for wholesale confiscation of arms and the mass slaughter of the disarmed (much like the massive censorship that would arise under a rule permitting 'reasonable' regulation of speech and press)."

• National Rifle Association (.pdf):
"This outcome would cause grave harm not only to the tens of millions of law-abiding Americans who keep and bear arms for self-defense and other lawful, private purposes, but to the entire nation, which in times of gravest peril has always relied upon the body of ordinary men and women, and their everyday familiarity with arms, for its security.

"This individual right to keep and bear arms is a fundamental right; the Second Amendment on its face describes it as essential to a 'free State'—a democratic state free from government tyranny. As with the fundamental democratic rights guaranteed by the First Amendment, laws burdening Second Amendment rights should be subjected to strict scrutiny and struck down in their entirety when overly broad. Petitioners and their supporting amici attempt to conjure fears of legal bedlam should courts examine firearms laws under strict scrutiny, yet they present no real argument that long-standing laws regulating the ownership and use of firearms, such as laws barring ownership by convicted felons or the insane, would fail to pass muster under that test.

"While, to be sure, the Second Amendment refers to the utility of an armed population in preventing government tyranny, the Framers did not consider the right limited to that purpose. The Framers were well aware that in late-18th century America a significant segment of the population depended upon private ownership of arms to provide food for their families and to defend themselves and their families from attack. Americans' personal right to possess such firearms for hunting or self-defense was part of the essence of the Framers' view of themselves as a free and democratic people. Had Americans in 1787 been told that the federal government could ban the frontiersman in his log cabin, or the city merchant living above his store, from keeping firearms to provide for and protect himself and his family, it is hard to imagine that the Constitution would have been ratified."

Tags:
courts,
gun control and gun rights,
Washington, DC,
Supreme Court

Reader Comments Read all comments (24)

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I support the right for an individual to own a gun. Although I do not own a gun myself, I believe the second amendment should countinue to protect that right, and any outrageous limitations would certainly infringe on the Founding Father's initial idea. However, I believe the right was intended for law-abiding citizens, not those who abuse priviliges.

Ellen H. of CO 1:22PM March 31, 2008

The Second Amendment does not grant a right to bear arms. It merely protects the right which is the individual's by virtue of his being human. An individual right to bear arms exists irrespective of government. An individual human being has the right to his life. He therefore has the right to defend his life. And it follows that he also has the right to the means necessary to defend his life. An Individual can delegate his self-defense right to a government, but does not surrender that right. In emergency situations, eg. when there is no time to call the police, an individual has the right to use deadly force to defend himself against an aggressor. A gun is often the best tool to use in defense of his life.

Jerry Varner of CO 6:16PM March 30, 2008

I am sure that the Founding Fathers meant that individuals can bear arms. There is definitely a need to put controls on bearing arms because like anything else, there are always a few people who will push the limits and take things out of control. However, I think that it is an infringement on our rights as citizens of the United States to say that we cannot have guns. There is no need to take something that is necessary away because of the people who misuse it.

Megan M. of CO 6:24PM March 19, 2008

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