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Bush Administration Out of Line in DC Gun Case

The Knox Report

From the Firearms Coalition


Bush Administration

Out of Line in DC Gun Case


By Jeff Knox

(January 15, 2008) Late in the day on Friday, January 11, the Solicitor General of the United States, an office appointed by the President and tasked with representing the Administration view in court, filed an amicus brief in support of the District of Columbia in the case of DC v. Heller now before the Supreme Court.  The brief includes thoughtful, scholarly review of the history and meaning of the Second Amendment, concluding that it refers to, and protects, a preexisting, right which has no militia membership requirement.  The brief then stresses the idea that, like other rights, the right to arms may be restricted by the government for a variety of reasons.  And that the Supreme Court should render a decision affirming the individual nature of the right to arms, but should reject the Circuit Court’s conclusion that the DC laws are a violation of that right.  The Solicitor General would have the Court send the case back down to the lower courts for them to determine which, if any, of DC’s laws cross the threshold of “reasonable restrictions” and are therefore unconstitutional.

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