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The Basis Is The D.C. Gun Laws
The District of Columbia's fight to preserve its nearly 32-year-old
ban on handguns before the U.S. Supreme Court has drawn nationwide
attention as an up-or-down vote on the limits of gun control.
The precedent here is whether states can make their own gun laws.
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Dick HellerThe District of Columbia outlawed all hand guns,
so Heller took it to the Supreme court.
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Robert Levy Is The Wizard Behind The Curtain
Robert
Levy is senior fellow at the Cato Institute, He is so committed to
defeating the strongest gun ban in America that he used his personal
fortune to take the case all the way to the supreme court.
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Six PlaintiffsIn 2003, six residents of Washington D.C.
filed a federal court challenge to the District's gun ban and won. The
resulting 2-1 decision in Parker struck down parts of the District of
Columbia Firearms Control Regulations Act of 1975. The District
argues that there is an implicit self-defense exception to the storage
provisions, but the D.C. Circuit rejected this view, saying that the
requirement amounted to a complete ban on functional firearms and
prohibition on use for self-defense.
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Lawyers Take The Case To The Supreme CourtThe benchmark case
forces the high court to take a definitive look at the Second
Amendment. However the nine justices rule in the case, their decision
will reshape the national debate over guns.
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Numerous Lawyers File "Friend of the court" briefs
"A Supreme Court decision has a moral, political and cultural meaning as
well as a legal meaning," says Temple University law professor David Kairys,
who has long been in the thick of the debate over gun rights and firearms
violence as a defender of gun restrictions. "I think it is going to have a
huge impact."
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Bush's US Solicitor
The Bush administration's solicitor general,
Paul D. Clement filed for gun control. Bush wants it pushed
off into the future.
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A Helpful And Concerned Zionist
University of Texas law professor Sanford Levinson, who believes the Second
Amendment provides a right to individual ownership, says the government's
new position might be easier for the court to adopt.
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Professor Erwin Chemerinsky Wants Reasonable
Regulation
Chemerinsky, of Duke Law School believes that the
regulation of guns should be analyzed in the same way "as
other regulation of property under modern constitutional
law" and "be allowed so long as it is rationally
regulated.
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Jack
Balkin
"My assumption is that there are at
least five votes for the proposition that the Second Amendment protects an
individual right," says Yale University law professor Jack Balkin. "But just
because you say there is an individual right, you haven't resolved the case.
… Is it an individual right to keep and bear arms that might be useful in
militia service, a right to keep and bear arms that might be useful for
self-defense, or both?"
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The
Core Of It All
Yet for decades, federal judges have seen the
Constitution differently, allowing a range of gun-control
measures imposed by governments seeking to curb gun
violence.
Lower court judges overwhelmingly have ruled that the
right "to keep and bear arms" isn't for individuals, but
instead applies to state militias, such as National Guard
units. The U.S. Supreme Court repeatedly declined to hear
appeals of those rulings, fueling the debate over gun
control and tension between the law and public opinion.
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ADL is an advocate for gun control
legislation.
The ADL supports the District of Columbia before the US
Supreme Court. That ruling prohibits guns even for
self-defense in the home. The League urged the Court to
ensure that states retain the ability to keep guns out of
the hands of "violent bigots."
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Bush Is Mixed
He says it is confusing, and he the government must have some
form of gun control.
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Obama Won't commitObama went along with Illinois gun control
but now he is 'leaning' towards gun ownership.
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McCain Is Against Gun Control John McCain says "Citizens
have a right to protect themselves".
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