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The city of Washington, D.C. is mounting an aggressive legal defense of its ban on carrying handguns, calling it "squarely in the mainstream and eminently reasonable." In a 37-page legal brief filed this week, the District of Columbia says that refusing to grant licenses to its residents to carry handguns in public complies with the Second Amendment. The regulations "serve important goals of public safety, especially here, in the nation's capital," the brief says. If this lawsuit sounds a little familiar, you're right. It was in June 2008 that the U.S. Supreme Court shot down a city ordinance effectively preventing...

Jim Hryekewicz, in a Sept. 7, column in the Star-Telegram, recounts why the city of Chicago could be the next significant Second Amendment battleground. “Otis McDonald is a great American,” he writes. “In the 1960s, he wore an Army uniform and served with distinction. He then moved home to Chicago were he began a family. Meanwhile, he busied himself during the days with work at his local union. Eventually, he led the effort to integrate his union and ended up as president of the union. “In recent years, McDonald looked around Chicago and decided that he could do something about...

·11250 Waples Mill Road ·   Fairfax, Virginia 22030    ·800-392-8683   New York: Sportsmen’s Association for Firearms Education Inc. (S.A.F.E.) 2009 Firearm Civil Rights Conference   Thursday, September 03, 2009   Please join the Sportsmen’s Association for Firearms Education Inc. (S.A.F.E.) for its 2009 Firearm Civil Rights Conference. Sunday, September 13, 2009, 1:00 P.M. to 4:00 P.M. (doors open at 12:00 noon) Sheraton Long Island Hotel110 Vanderbilt Motor ParkwaySmithtown, NY (631) 231-1100(on Motor Parkway on the North side of LIE between exits 53 & 55)Special guests include Wayne LaPierre, NRA Executive Vice President; Ron Schmeits, NRA President; Chris Cox, Executive Director of the...

The Supreme Court, in District of Columbia v. Heller, declared that Washington’s 32-year ban on all functional firearms violated the Second Amendment. Justice Antonin Scalia’s majority opinion, however, applied only to possession of guns in the home. The court did not address, and was not asked to address, firearms carried outside the home. That’s the issue posed in a new lawsuit against the District by Tom Palmer (disclosure: my colleague at the Cato Institute) and four other plaintiffs — represented by Alan Gura, the lawyer who successfully argued Heller before the court. After Heller, the District relaxed its ban on...

City council members are expected to consider a proposed assault weapons ban today during a special session on the G-20 Summit As the G-20 Summit nears, Pittsburgh City Council is considering the possibility of instituting an assault weapons ban during the high-profile event. According to our news partners at the Pittsburgh Post-Gazette, city officials are talking about reviving an old law that would ban those types of weapons. If approved, the ban would likely be in effect until after the G-20 Summit ends. City council members are expected to consider the assault weapons ban today along with many other pieces...

In a veiled attempt to change the country's talking points, the White House decided to announce that a special prosecutor would be named to investigate a dozen CIA interrogations during the Bush administration. Political pundits say this is just another ploy to change the topic from health care... Many questions remain direct and focused on health care issues. A biggie is, "Will the health care reform bill include coverage for those in this country illegally? The president continues to say absolutely not. However, there have been many attempts to add safety measures to ensure illegal aliens do not receive care...

Last year's U.S. Supreme Court ruling on the Second Amendment did not, contrary to what you may have heard at the time, resolve very much. Unanswered are questions about carrying firearms in public, gun sales on government property, firearm registration, guns in government housing, handgun restrictions that aren't exactly the same as the District of Columbia's, zoning and gun stores, and so on. And so far, at least, lower courts have been overwhelmingly hostile to gun owners' rights. The latest example is a decision late Thursday by the U.S. Court of Appeals for the Tenth Circuit, which said that a...

One question left unanswered by the U.S. Supreme Court's landmark Second Amendment ruling last year is this: When do law-abiding Americans have the right to carry firearms in public for self-defense? In a lawsuit filed against the city of Washington, D.C. on Thursday, the Second Amendment Foundation aims to find out. The plaintiffs are four gun owners who were denied licenses to carry firearms in public on their person, which nearly all states permit. All U.S. states except Illinois and Wisconsin grant licenses for concealed carry, and 36 states require local police to issue the licenses unless there's a valid...

BELLEVUE, Wash. - (Business Wire) The Second Amendment Foundation today filed a lawsuit on behalf of three residents of the District of Columbia and a Florida resident, seeking to compel the city to issue carry permits to law-abiding citizens. The lawsuit was filed in U.S. District Court on behalf of Tom Palmer, George Lyon and Amy McVey, all District residents, and Edward Raymond, a New Hampshire resident. SAF and the individual plaintiffs are being represented by attorney Alan Gura, who successfully argued the landmark District of Columbia v. Heller case in 2008 that overturned the District’s handgun ban on the...

The 9th U.S. Circuit Court of Appeals just agreed to host another shootout over gun rights. The court decided Wednesday to review en banc a panel ruling that had significantly broadened Second Amendment protections by applying them to state and local governments. This holding, arrived at by Judge Diarmuid O'Scannlain, is at odds with other rulings from around the country -- including one penned by 2nd Circuit Judge Sonia Sotomayor. The 9th Circuit panel had still upheld an Alameda County, Calif., ordinance that forbids a gun show at a public fairground. Thus neither side had asked for en banc review....

Health care has been at the top of Obama's agenda. The big question is, will illegal immigrants be covered by this plan? A recent Rasmussen poll stated that 80% of Americans would be opposed to extending benefits to illegals. The Center for Immigration Studies estimates that there are as many as 15 million uninsured illegals and their children here. Obama recently gave an interview to Katie Couric in which he said, "First of all, I'd like to create a situation where we're dealing with illegal immigration, so that we don't have illegal immigrants. And I want a comprehensive immigration plan...

Washington, DC - -(AmmoLand.com)- In Congressional testimony, Supreme Court nominee Sonia Sotomayer claimed she couldn’t think of a self-defense case having come before the Supreme Court, adding, “I could be wrong, but I can’t think of one.” Independent research shows that fourteen separate Supreme Court cases, from 1895 to 1985, addressed every basic aspect of personal self defense. All of them held that self defense is a valid, justifiable and long-standing tenet of American law. The Bloomfield Press book “Supreme Court Gun Cases” (Kopel, Halbrook, Korwin), released in 2003 and in the Supreme Court’s library, covers the 92 High Court...

Other than declaring war, neither house of Congress has a more solemn responsibility than the Senate's role in confirming justices to the U.S. Supreme Court. As the Senate considers the nomination of Judge Sonia Sotomayor, Americans have been watching to see whether this nominee - if confirmed - would respect the Second Amendment or side with those who have declared war on the rights of America's 80 million gun owners. From the outset, the National Rifle Association has respected the confirmation process and hoped for mainstream answers to bedrock questions. Unfortunately, Judge Sotomayor's judicial record and testimony clearly demonstrate a...

...On Wednesday, legal analyst Jeffrey Toobin implied that the Supreme Court’s 2008 decision to uphold the Second Amendment was revolutionary: “When I was in law school...the idea that you had a Second Amendment right to a gun was considered preposterous....But the Supreme Court [in Heller]...said that...individuals have a personal right to bear arms.”...Anchor Wolf Blitzer raised the Second Amendment issue with Toobin, a graduate of Harvard Law School, and the others on their panel analyzing the hearings.... [and] asked...what were the nominee’s “positions, specifically on the federal obligation to support the Second Amendment, as opposed to local communities..?” The CNN...analyst...

Damon W. Root | July 9, 2009, 4:49pm Writing in the Virginia Law Review last fall, conservative federal appeals court Judge J. Harvie Wilkinson III took aim at the Supreme Court's landmark gun rights opinion in District of Columbia v. Heller. According to Wilkinson, "Heller encourages Americans to do what conservative jurists warned for years they should not do: bypass the ballot and seek to press their political agenda in the courts." In fact, Wilkinson went so far as to compare Justice Antonin Scalia's majority opinion in Heller with the Supreme Court's famous abortion rights decision in Roe v. Wade,...

Mineola, NY – June 17, 2009 – An important new ruling from a New York intermediate appellate court found that the fundamental right to possess a handgun applies in New York. On this point, the court relied on the decision in Chwick v. Mulvey, the lawsuit that challenged Nassau County’s ban on the possession of handguns mislabeled as “deceptively colored.” People v. Perkins, a decision of the Supreme Court Appellate Division, Third Department, cites Chwick for the proposition that the United States Supreme Court’s Heller decision, which held that the right to possess a handgun is a fundamental right, applies...

Last week was the first anniversary of the District of Columbia v. Heller, where the Supreme Court for the first time declared that the Second Amendment indeed protects an individual right to own guns in the home for self-defense. It was a great victory for individual rights, but by no means a final one. The lawyer who successfully argued that case, Alan Gura, has remained a dedicated opponent of all sorts of gun regulations that still stand post-Heller. Senior Editor Brian Doherty talked to Gura by phone earlier this week about the various legal challenges Gura is fighting against state...

In parts one and two, we looked in detail at the ruling of the Supreme Court of the United States. In this third part, we will examine the dissenting opinions. Dissenting opinions hold no rule of law, but are oftentimes cited as persuasive authority by those who wish to change laws or file additional lawsuits. They can even be used by a future court to overturn a previous decision. While we won in this case and SCOTUS affirmed that the Right to Keep and Bear Arms is indeed an individual right and that the DC gun ban is unconstitutional, we...

Middlesex District Attorney Gerry LeoneThere are a few social issues in this country that, if judged by the output of so called mainstream media outlets, seem to be driven by pure emotion rather than logic and the laws of our republic. One could, I believe, argue that the top two issues falling into that category are those of abortion and gun control. I believe that despite the constant flow of emotional rhetoric and lack of facts from these sources Americans can and will ultimately insist that logic and the law prevail, but not unlike the dreadful Dred Scott decision these...

The state’s highest court plans to review the constitutionality of a recently challenged state law that requires gun owners to lock their weapons, making it the first test in Massachusetts of a landmark US Supreme Court ruling that Americans have the constitutional right to own guns and stow them as they see fit. The SJC decided to review the law less than a year after a Lowell District Court judge dismissed firearms charges against a Billerica man whose handicapped son was accused of shooting a BB gun at a neighbor and who then showed police officers where his father kept...