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
Due Process: The Backbone of Legal Legitimacy

News  

Monday, September 8, 2025

Due Process: The Backbone of Legal Legitimacy

Close observers of the gun debate often see references to due process.

Gun Control “Journalist” Says the Quiet Part Out Loud

News  

Monday, September 8, 2025

Gun Control “Journalist” Says the Quiet Part Out Loud

Pure gun control. As in disarmament and banning of firearms. It’s rare that anti-gunners get straight to the exact point that we have been warning of for decades. 

Third Circuit Strikes Some New Jersey Carry Restrictions in NRA Case

Thursday, September 11, 2025

Third Circuit Strikes Some New Jersey Carry Restrictions in NRA Case

Yesterday, the Third Circuit Court of Appeals issued an opinion in Siegel v. Platkin, striking some of the carry restrictions New Jersey enacted in response to the NRA’s landmark Supreme Court victory, New York State Rifle & ...

The Desperate Deflection to the “Red State Murder Problem”

News  

Monday, September 8, 2025

The Desperate Deflection to the “Red State Murder Problem”

California Governor Gavin Newsom (D) may have thought he had scored against President Donald Trump in a recent war of words over rampant crime and the deployment of federal law enforcement agents to Democratic-led cities

Trump’s DOJ Will Participate in Oral Arguments in Illinois Semi-Auto Ban Case

News  

Monday, September 15, 2025

Trump’s DOJ Will Participate in Oral Arguments in Illinois Semi-Auto Ban Case

Within six months of the landmark United States Supreme Court decision of NYSRPA v. Bruen (2022), Illinois disregarded the Court’s clear directives and enacted into law H.B. 5741, the Protect Illinois Communities Act (PICA). 

New York Law Imperils U.S. Olympic Target Shooting, Favors China’s Dominance

News  

Monday, September 15, 2025

New York Law Imperils U.S. Olympic Target Shooting, Favors China’s Dominance

As U.S. shooting sports athletes prepare for the 2028 Olympics in Los Angeles, New York law is burdening target shooters in the Empire State.

Armed Citizens: Not Just an American Concept

News  

Monday, September 15, 2025

Armed Citizens: Not Just an American Concept

We frequently post stories about law-abiding citizens who, by exercising their rights protected under the Second Amendment, bring an end to violent criminal assaults.  

California: Legislature Adjourns with Anti-Gun Bills Headed to the Governor's Desk

Monday, September 15, 2025

California: Legislature Adjourns with Anti-Gun Bills Headed to the Governor's Desk

On Friday the California State Legislature adjourned the 2025 legislative session in typical California fashion, advancing anti-gun legislation to Governor Newsom's desk. Contact Governor Newsome today and urge his veto of AB 1078, AB 1127, AB ...

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Washington’s Magazine Ban

Monday, September 8, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Washington’s Magazine Ban

Today, the National Rifle Association filed an amicus brief urging the U.S. Supreme Court to grant certiorari in a case challenging Washington State’s ban on firearm magazines that hold more than 10 rounds.

“Sensitive Places” Embolden Criminals and Threaten the Law-abiding

News  

Monday, September 15, 2025

“Sensitive Places” Embolden Criminals and Threaten the Law-abiding

A beyond horrific murder flashed before our eyes in recent weeks, and a nation collectively mourned Iryna Zarutska after the sickening attack that took her life on a public train in Charlotte, North Carolina

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.