Saturday, April 26, 2008

District of Columbia v. Heller

I've been watching this legal case with great interest.

District of Columbia v. Heller, No. 07-290, is a case pending before the Supreme Court of the United States. It is an appeal from Parker v. District of Columbia, 478 F.3d 370 (D.C. Cir. 2007), a decision in which the United States Court of Appeals for the District of Columbia Circuit became the first federal appeals court in the United States to rule that a firearm ban was an unconstitutional infringement of the Second Amendment to the United States Constitution, and the second to expressly interpret the Second Amendment as protecting an individual right to possess firearms for private use.

Robert Levy, co-counsel to the Parker plaintiffs, made a comment that I largely agree with,

"Even the NRA concedes that you can’t have mad men running around with weapons of mass destruction. So there are some restrictions that are permissible and it will be the task of the legislature and the courts to ferret all of that out and draw the lines. I am sure, though, that outright bans on handguns like they have in D.C. won’t be permitted. That is not a reasonable restriction under anybody’s characterization. It is not a restriction, it’s a prohibition."

Stay tuned...

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