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Tuesday, May 01, 2007
Sandy  Froman :: Townhall.com Columnist
Why You Should Care About Parker v. District of Columbia
by Sandy Froman
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There is a case working its way to the Supreme Court that might settle one of the biggest unanswered questions in constitutional law: Does the Second Amendment guarantee an individual right to own a gun? Whether or not you own a gun, this is a case you should care about.

I’m not just saying that because I’m the immediate past president of the National Rifle Association. (Last month I completed my two-year term as president and nine years as an officer of the NRA.) I’m also saying it as an attorney who’s been arguing cases in federal court for more than 30 years, and who understands how a clear precedent on a constitutional question can determine the outcome of a case.

There is a case moving towards the High Court that will likely give us such a precedent on your right to own a gun – a precedent that is either good or bad, depending on your point of view. That case is Parker v. District of Columbia.

I often get asked why there is such a passionate debate on whether the right to own a firearm is a civil right. Everyone agrees that the Constitution speaks about firearms. The Second Amendment speaks of, “the right of the people to keep and bear arms.”

The disagreement is over what those words mean. Most people believe what is called the individual rights view of the Second Amendment, meaning that all law-abiding, peaceable citizens have the individual right to own firearms. The opposing interpretation is called the collective rights view, meaning that the Second Amendment is only a right of state governments to arm their National Guard units.

Polls show that more than 70% of Americans (correctly) believe that they have a civil right under the Constitution to own a gun. But in America we don’t decide constitutional controversies by taking a poll.

Only federal courts—and ultimately the Supreme Court—have the power to interpret the Constitution in a binding way. The Supreme Court has never spoken definitively on the scope or meaning of the Second Amendment. And the Court’s silence has allowed cities and states to enact broad, sweeping laws hostile to gun ownership.

The worst of these laws is the District of Columbia gun ban. If you live in our nation’s capital, you cannot have a handgun or a readily-usable rifle or shotgun in your own home for self-defense. No ifs, ands or buts. It is a near-blanket prohibition on firearms and self-defense.

That brings us to the Parker case. The named plaintiff, Shelly Parker, lives in the high crime area of DC and has been threatened by thugs and drug dealers. She wants to be able to protect herself and she sued the city government over the gun ban. It’s shocking to realize that in one of the most violent cities in America, a woman is denied the tool that might save her life.

But it’s the law in the District, so she took the District to court. Continued...

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About The Author

Sandy Froman is the immediate past president of the National Rifle Association of America, only the second woman and the first Jewish American to hold that office in the 136-year history of the NRA. The views expressed are her own and not that of any organization.

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My Two Cents:

I do not think that the District of Columbia will now appeal to the US Supreme Court. "DC City" politicians are Democrats and they would be under heavy political pressure from gun control groups to play it safe and to reform their gun laws as little as possible to accommodate the decision. The Brady campaign is as afraid of SCOTUS as is the NRA. Furthermore, left at this circumstance, the majority of gun laws will remain in effect. DC won't appeal.

And, in passing, I would like to thank those long gone NRA officials who helped draft the California State Constitution WITHOUT a Second Amendment provision in order to keep guns away from the Mexicans and the Chinese.
Thank's. Thank's a lot.

The battle will never end...
Fellow patriots, the battle will never end. As long as there are people in this country that insist on disarming the general population the struggle will continue.

Even if the SC upholds the ruling on Parker, that won't stop certain politicians from submitting different legislation. (word it differently and try it again).

Our government, if you recall, is made up of three separate but equal branches. The Executive, the Legislative and the Judicial. One branch is not above the other, or at least that's how it is supposed to work. It is only in recent history that the Supreme Court has been considered the final say.

Regardless, we the people of the United States, must remain ever vigilant. We need to do more than just vote. We must communicate with our elected representatives to ensure they understand where we stand on the issues.

After all, The Price of Liberty is Eternal Vigilance.

JC

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