Explore The NRA Universe Of Websites

APPEARS IN Second Amendment

D.C. Gun Ban Ruled Unconstitutional, Violates Individual Right To Own A Gun

Friday, March 9, 2007

This week, the U.S. Court of Appeals ruled that the Second Amendment is an individual right and concluded that the District of Columbia’s ban on guns in the home is unconstitutional. (Read NRA's amicus curiae briefin Parker v. District of Columbia) According to the majority opinion, "[T]he phrase 'the right of the people'...leads us to conclude that the right in question is individual." Also, earlier this week, Second Amendment supporters on Capitol Hill introduced H.R. 1399 - the "District of Columbia Personal Protection Act."

In ruling on the D.C. gun ban case, the majority opinion of the Circuit Court held as follows:

"To summarize, we conclude that the Second Amendment protects an individual right to keep and bear arms. That right existed prior to the formation of the new government under the Constitution and was premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad). In addition, the right to keep and bear arms had the important and salutary civic purpose of helping to preserve the citizen militia. The civic purpose was also a political expedient for the Federalists in the First Congress as it served, in part, to placate their Anti-federalist opponents. The individual right facilitated militia service by ensuring that citizens would not be barred from keeping the arms they would need when called forth for militia duty. Despite the importance of the Second Amendment's civic purpose, however, the activities it protects are not limited to militia service, nor is an individual's enjoyment of the right contingent upon his or her continued or intermittent enrollment in the militia."

Read the majority opinion here

In its ruling, the Court also rejected the argument that the Second Amendment does not apply to the District of Columbia, which has had a gun ban on the books for decades, because it is not a State. The majority opinion concludes that the D.C. prohibition on gun ownership in the home, "amounts to a complete prohibition on the lawful use of handguns for self-defense. As such, we hold it unconstitutional."

The ruling was not unanimous, and the dissenting judge makes it clear in her dissent that opponents of the Second Amendment are still pervasive throughout our federal court system.

Today's ruling is the second time a federal circuit court has upheld the individual nature of the Second Amendment in recent years. In 2001, the Fifth Circuit Court of Appeals unanimously found in the case of U.S. v. Emerson that, "All of the evidence indicates that the Second Amendment, like other parts of the Bill of Rights, applies to and protects individual Americans....We find that the history of the Second Amendment reinforces the plain meaning of its text, namely that it protects individual Americans in their right to keep and bear arms..."

While the court decision was certainly great news, earlier this week, Second Amendment supporters on Capitol Hill introduced H.R. 1399 - the "District of Columbia Personal Protection Act." This legislation, by Representatives Mike Ross (D-Ark.) and Mark Souder (R-Ind.), seeks to restore the constitutionally-guaranteed Second Amendment rights of the residents of the District of Columbia.

In lauding the D.C. court decision, and announcing her plans to introduce the Senate companion bill to H.R. 1399, Sen. Kay Bailey Hutchison (R-Tex.) noted, "I agree with the court that the Constitution guarantees law-abiding citizens the right to bear arms and defend themselves. That is why next week I will reintroduce my legislation to repeal the existing ban. Protection of constitutional rights does not cease when you cross into the borders of the District of Columbia. Not only is Washington, D.C.’s gun ban unconstitutional, but it also has been a public policy failure as seen in the rise in crime since its enactment. The time has finally come to change course."

The need for this corrective legislation is obvious. Since 1977, the District has banned the possession of all handguns not acquired and registered before that year. D.C. law also prohibits keeping an assembled rifle or shotgun in the home, effectively outlawing the use of firearms for lawful self-defense. And despite these Draconian gun control laws, Washington, D.C., consistently has one of the highest murder rates in the nation.

This legislation had a record high number of cosponsors in the 109th Congress (235 cosponsors for the House version, and 41 cosponsors for the Senate version). The House has voted on this issue four different times over the past eight years but the Senate has yet to consider it.

Please be sure to contact your U.S. Representative at (202) 225-3121, and ask him or her to cosponsor and support the "District of Columbia Personal Protection Act."

TRENDING NOW
Virginia Bills Spark Gun-Buying Boom, Warning from DOJ

News  

Tuesday, April 28, 2026

Virginia Bills Spark Gun-Buying Boom, Warning from DOJ

As your NRA-ILA has reported over the last several weeks, the Democrat-controlled Virginia General Assembly and Governor Abigail Spanberger (D) have, between them, approved a sweeping array of radical gun control bills aimed, as NRA’s John Commerford says, ...

Federal Bill Passes Off National Firearm Prohibition Agenda As “Virginia Model”

News  

Tuesday, April 28, 2026

Federal Bill Passes Off National Firearm Prohibition Agenda As “Virginia Model”

Virginia has recently been featured in a lot of headlines about gun control, for all the wrong reasons. A number of them have mentioned a federal gun control bill pending in the U.S. Senate, sponsored ...

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Thursday, April 23, 2026

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Today, April 23rd, Governor Spanberger Signed HB1525 and SB727/HB1524 into law. 

Michigan: Crippling Firearm Dealer Licensing Bill Hearing Tomorrow

Monday, April 27, 2026

Michigan: Crippling Firearm Dealer Licensing Bill Hearing Tomorrow

On Tuesday April 28, the Senate Judiciary Committee, will be hearing Senate Bills 853 & 854,  creating a burdensome and costly state licensing and training system for firearm dealers in addition to restricting consumer access to ...

Connecticut: Firearms Restrictions Pass Connecticut House Despite Bipartisan Opposition

Saturday, April 25, 2026

Connecticut: Firearms Restrictions Pass Connecticut House Despite Bipartisan Opposition

This week, the Connecticut House voted to advance Governor Lamont's H5043 - a proposal banning the future manufacture, sale, and importation of many commonly owned handguns in Connecticut.

Virginia: Legislature Acts on Gun Bills; Ball Back in Spanberger's Court

Wednesday, April 22, 2026

Virginia: Legislature Acts on Gun Bills; Ball Back in Spanberger's Court

Today, April 22nd, during the General Assembly's reconvened session, the House and Senate passed by Governor Spanberger's amendments on SB749/HB217 and SB173/HB229. 

Running Out of Targets: New York Bills Go After Air, Pellet and BB Guns

News  

Monday, April 20, 2026

Running Out of Targets: New York Bills Go After Air, Pellet and BB Guns

Anti-gun lawmakers in the Empire State are running out of things to ban.

Minnesota: Senate Finance and Tax Committees to Consider Extreme Gun Control Measures!

Monday, April 27, 2026

Minnesota: Senate Finance and Tax Committees to Consider Extreme Gun Control Measures!

This week the Senate Finance Committee and the Senate Committee on Taxation will be considering extreme gun control proposals that will severely impede your Second Amendment rights. 

North Carolina: Legislature Convenes in Raleigh

Tuesday, April 21, 2026

North Carolina: Legislature Convenes in Raleigh

Today, Tuesday, April 21st, the General Assembly kicked off their yearly legislative session at the capitol in Raleigh.

ATF Announces New Director, Historic Regulatory Overhaul

News  

Thursday, April 30, 2026

ATF Announces New Director, Historic Regulatory Overhaul

April 29 was a big day for Second Amendment supporters in Washington, D.C., as ATF announced the confirmation of a new director, Robert Cekada, and rolled out perhaps the biggest one-day regulatory overhaul in the agency’s ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.