ILNews

Indiana has voice in Second Amendment case

Michael W. Hoskins
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT