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The opinion states: First, consider the facts as the legislature saw them when it adopted the District statute.
As stated by the local council committee that recommended its adoption, the major substantive goal of the District’s handgun restriction is “to reduce the potentiality for gun-related crimes and gun-related deaths from occurring within the District of Columbia.” * A 1994 survey conducted by the U. Centers for Disease Control and Prevention (CDC) found that Americans use guns to frighten away intruders who are breaking into their homes about 498,000 times per year. * According to the CDC, there were about 18,498 gun-related accidents that resulted in death or an emergency room visit during 2001 (the earliest year such data is available from the CDC). handgun ban was unconstitutional, because it violated the Second Amendment “individual right to keep and bear arms” (more details below). Regarding this decision: * In May 2009, President Obama announced Sonya Sotomayor as his first nominee to the Supreme Court. She was confirmed in a 68–31 Senate vote, with 100% of Democrats voting for her confirmation and 79% of Republicans voting against it. * In May 2010, Obama announced his second nominee to the Supreme Court, Elena Kagan. As a law clerk for Supreme Court Justice Thurgood Marshall, Kagan wrote a memo recommending Marshall deny hearing an appeal from a man who was convicted of violating Washington, D. She wrote in the memo: * Gun control proponents have argued and some federal courts have ruled that the Second Amendment does not apply to individual citizens of the United States but only to members of militias, which, they assert, are now the state National Guard units.  In 2002, a federal appeals court panel ruled that “the people” only “have the right to bear arms in the service of the state.” * Gun rights proponents have argued and some federal courts have ruled that the Second Amendment recognizes “an individual right to keep and bear arms.” In 2001, a federal appeals court panel ruled that the Second Amendment “protects the right of individuals, including those not then actually a member of any militia or engaged in active military service or training, to privately possess and bear their own firearms….” * James Madison was the primary author of the Bill of Rights, is known as the “Father of the Constitution” for his central role in its formation, and was one of three authors of the Federalist Papers, a group of essays published in newspapers and books to explain and lobby for ratification of the Constitution.  * In Federalist Paper 46, James Madison addressed the concern that a standing federal army might conduct a coup to take over the nation.
Although federal firearms laws apply to both FFLs and private sellers at gun shows, private sellers, unlike FFLs, are under no legal obligation to ask purchasers whether they are legally eligible to buy guns or to verify purchasers’ legal status through background checks. * In the three-year period from October 2003 through September 2006, the Bureau of Alcohol, Tobacco and Firearms (ATF) conducted 202 operations at 195 gun shows, leading to 121 arrests and at least 83 convictions. * Right-to-carry laws permit individuals who meet certain “minimally restrictive” criteria (such as completion of a background check and gun safety course) to carry concealed firearms in most public places. Concealed carry holders must also meet the minimum federal requirements for gun ownership as detailed above.
More than 162,000 handguns and 1.5 million pounds of ammunition were “compulsorily surrendered” by February 1998.
Using “records of firearms held on firearms certificates,” police accounted for all but eight of all legally owned handguns in England, Scotland, and Wales. * Years are calendar years prior to 1998 and fiscal years thereafter (April 1 to March 31).
† Homicide data is published according to the years in which the police initially reported the offenses as homicides, which are not always the same years in which the incidents took place.
* The law requires that licensees be at least 21 years of age (or 18 years of age if a member or veteran of the U. armed forces), have clean criminal/mental health records, and complete a handgun proficiency course and examination. * This law requires that concealed carry licensees be at least 18 years of age (or 21 years of age if purchasing a handgun from a licensed dealer), have clean criminal/mental health records, and complete a pistol safety course.   , the 2008 Supreme Court ruling striking down Washington’s D.
C.’s handgun ban, Justice Stephen Breyer authored a dissenting opinion that was joined by Justices John Paul Stevens, David Souter, and Ruth Bader Ginsburg.
Of these, 91% of the firearm transactions and 100% of the explosives transactions were allowed. * Under federal law, individuals who have been convicted of a felony offense that would typically prohibit them from possessing firearms can lawfully possess firearms if their civil rights are restored by the requisite government entities. * Using fake driver’s licenses bearing fictitious names, investigators with the Government Accountability Office had a 100% success rate buying firearms in five states that met the minimum requirements of the federal background check system.  A 2001 report of this investigation states that the federal background check system “does not positively identify purchasers of firearms,” and thus, people using fake IDs are not flagged by the system. provide a venue for the sale and exchange of firearms by federal firearms licensees (FFLs). Such shows also are a venue for private sellers who buy and sell firearms for their personal collections or as a hobby.