United States DC Circuit

A challenge was brought against District of Columbia gun control laws which bar the registration of handguns, the carrying of pistols without a license, and also require all lawfully owned firearms be kept unloaded and disassembled or bound by a trigger lock. A district court dismissed the complaint against the District based on a finding that the Second Amendment, at most, protects an individual-s right to bear arms for service in the Militia, and that the term "Militia" in the Second Amendment refers to an organized military body, such as a National Guard unit. The ruling is reversed, as the Second Amendment protects an individual right to keep and bear arms, 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. The district court is ordered to grant summary judgment to plaintiffs on their claims for declaratory and injunctive relief.

Appellate Information

• Argued 12/07/2006
• Decided 03/09/2007
• Published 03/09/2007

Judges

• Before:  HENDERSON and GRIFFITH, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Alan Gura argued the cause for appellants.   With him on the briefs were Robert A. Levy and Clark M. Neily, III., Greg Abbott, Attorney General, Attorney General's Office of State of Texas, R. Ted Cruz, Solicitor General, Troy King, Attorney General, Attorney General's Office of State of Alabama, Mike Beebe, Attorney General, Attorney General's Office of the State of Arkansas, John W. Suthers, Attorney General, Attorney General's Office of the State of Colorado, Charles J. Crist, Jr., Attorney General, Attorney General's Office of the State of Florida, Thurbert E. Baker, Attorney General, Attorney General's Office of the State of Georgia, Michael A. Cox, Attorney General, Attorney General's Office of the State of Michigan, Mike Hatch, Attorney General, Attorney General's Office of the State of Minnesota, Jon Bruning, Attorney General, Attorney General's Office of the State of Nebraska, Wayne Stenehjem, Attorney General, Attorney General's Office of the State of North Dakota, Jim Petro, Attorney General, Attorney General's Office of the State of Ohio, Mark L. Shurtleff, Attorney General, Attorney General's Office of the State of Utah, and Patrick J. Crank, Attorney General, Attorney General's Office of the State of Wyoming, were on the brief for amici curiae States of Texas, et. al. in support of appellants., Don B. Kates and Daniel D. Polsby were on the brief for amici curiae Professors Frederick Bieber, et al. and organization amici curiae Second Amendment Foundation, et al., Stefan Bijan Tahmassebi was on the brief for amicus curiae Congress of Racial Equality, Inc. in support of appellants seeking reversal., Peter J. Ferrara was on the brief for amicus curiae American Civil Rights Union in support of appellants., Robert Dowlut was on the brief for amicus curiae National Rifle Association Civil Rights Defense Fund in support of appellants seeking reversal.


• For Appellees:
  
• Todd S. Kim, Solicitor General, Office of Attorney General for the District of Columbia, argued the cause for appellees.   With him on the brief were Robert J. Spagnoletti, Attorney General, Edward E. Schwab, Deputy Solicitor General, and Lutz Alexander Prager, Assistant Attorney General., Ernest McGill, pro se, was on the brief for amicus curiae Ernest McGill in support of appellees., Thomas F. Reilly, Attorney General, Attorney General's Office of Commonwealth of Massachusetts, Glenn S. Kaplan, Assistant Attorney General, J. Joseph Curran, Jr., Attorney General, Attorney General's Office of the State of Maryland, Zulima V. Farber, Attorney General, Attorney General's Office of the State of New Jersey, were on the brief for amici curiae Commonwealth of Massachusetts, et al. in support of appellees.  John Hogrogian, Attorney, Corporation Counsel's Office of City of New York, and Benna Ruth Solomon, Deputy Corporation Counsel, Office of the Corporation Counsel of the City of Chicago, entered appearances., Andrew L. Frey, David M. Gossett, Danny Y. Chou, Deputy City Attorney, Office of the City Attorney of the City and County of San Francisco, and John A. Valentine, were on the brief for amici curiae The Brady Center to Prevent Gun Violence, et al. in support of appellees.   Eric J. Mogilnicki entered an appearance.