Indiana has voice in Second Amendment case

Michael W. Hoskins
January 1, 2008
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For the first time in 70 years, the U.S. Supreme Court is testing the scope of the Second Amendment and could decide what "the right to keep and bear arms" means for the 21st century.

Justices will consider the question Tuesday morning in District of Columbia v. Heller, 07-290, which involves a citizen's challenge to a Washington, D.C., law banning him from keeping a handgun in his home.

At issue is to what extent the gun rights amendment to the Constitution applies to private gun possession in a modern American city. The last time the court directly tested the Second Amendment's scope was almost seven decades ago in U.S. v. Miller, 307 U.S. 174 (1939), but courts and legal scholars debate whether it actually decided anything in that earlier ruling.

In this case, the respondent Heller is a security guard who challenged the law after police refused to issue a license allowing him to keep a handgun in his home for protection. The city's 1976 law only allows disassembled or locked rifles and shotguns, and all handguns are illegal; Heller says that violates the Second Amendment.

Last year, a federal District Court struck down the local ban after finding 2-1 that it violated what the court said was an individual right to firearms.

"Once it is determined that handguns are 'Arms' referred to in the Second Amendment, it is not open to the District to ban them," the D.C. Circuit ruled, becoming the first time any federal appeals court has relied upon the "individual right" theory to strike down a gun control law. "We conclude that the Second Amendment protects an individual right to keep and bear arms."

Now, the city wants the nation's highest court to overturn that ruling.

In agreeing to take the Heller case, justices in November rejected questions from both sides and wrote its own question: "Whether the following provisions (of the three Washington, D.C., gun law sections) violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes."

Sixty-seven amici briefs have been filed in the case, with 47 in support of Heller's Second Amendment right and 20 wanting a reversal to scale back the scope. Indiana Attorney General Steve Carter is one of 31 state attorneys general signing on to an amicus brief in support of the individual right, arguing that the Second Amendment applies to the rights of individuals, not states. The case doesn't present facts that would warrant deciding which government regulations are permissible, the states contend.

Another brief from Congress recognizes 250 House of Representative members and 55 Senators who support Heller, including five of nine Indiana representatives but no Hoosier senators. Those included are: Representatives Dan Burton, Steve Buyer, Joe Donnelly, Michael Pence, and Mark Souder.

All merit briefs can be viewed online here.

Arguments on Tuesday are scheduled to last 75 minutes, and will be rebroadcast on C-SPAN shortly after the conclusion.

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.