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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.‡ Large anomalies unrelated to guns: * In 1982, the city of Chicago instituted a ban on handguns.This barred civilians from possessing handguns except for those registered with the city government prior to enactment of the law.Of these, approximately 1.2 million or 0.6% were denied. * States may prosecute cases that the federal government does not.
Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. * In 1976, the Washington, D. City Council passed a law generally prohibiting residents from possessing handguns and requiring that all firearms in private homes be (1) kept unloaded and (2) rendered temporally inoperable via disassembly or installation of a trigger lock.  The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of “arms” that Americans overwhelmingly choose for the lawful purpose of self-defense.Some, such as Connecticut, effectively act as shall-issue states, while others, such as New Jersey, effectively act as no-issue states. * Under a court order that required Illinois to allow public possession of firearms, the state passed a law in 2013 that permits concealed carrying of handguns.Before this, Illinois was the only state that did not have a may-issue or shall-issue concealed carry law.  † Rhode Island is considered a “hybrid” state, because the law states that local authorities “shall issue …a license or permit” to carry a concealed weapon, but the law also states that the attorney general “may” do so.  In practice, the Attorney General is the primary issuer of permits. * Click here to see why the following commonly cited statistic does not meet Just Facts’ Standards of Credibility: In right-to-carry states, the violent crime rate is 24% lower than the rest of the U.
S., the murder rate is 28% lower, and the robbery rate is 50% lower.Particularly, when statistics are involved, the determination of what constitutes a credible fact (and what does not) can contain elements of personal subjectivity.