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D.C. Appeals Decision to Overturn Handgun Ban

September 4, 2007 - 12:16pm

WASHINGTON - The District of Columbia on Tuesday appealed to the U.S. Supreme Court to overturn a lower court ruling that struck down the city's 30-year-old ban on private handgun ownership.

If the Supreme Court takes the case, it could lead to the first direct ruling by the high court on the Second Amendment since 1939. Activists on both sides say they would welcome such a ruling. Gun control advocates have a lot to lose, however, since a ruling against the district could affect tough gun laws in other cities and states.

In announcing the appeal, Mayor Adrian Fenty said loosened restrictions would only bring more guns to the city.

"The bottom line is we do not need more guns in this city," Fenty said at a news conference on the steps of the police department's headquarters. "The only possible outcome to more guns is more violence."

Alan Gura, a lawyer for the D.C. residents who challenged the ban, said he was "delighted" the city had asked the Supreme Court to review the decision.

"We're happy that the Supreme Court has a chance to vindicate the Second Amendment rights of all Americans, not just D.C. residents," he said.

A federal appeals court panel ruled in March that the district's broad gun law is unconstitutional, and city officials announced in July that they would take the case to the Supreme Court.

Washington's gun law bars residents from keeping handguns in their homes and prohibits the carrying of a gun without a license. Registered firearms such as rifles and shotguns must be kept unloaded and disassembled or fitted with trigger locks.

The law remains in effect during the appeals process, but if the Supreme Court refuses to take the case, the lower court ruling overturning the city law would go into effect, forcing D.C. to rewrite its gun laws.

However, Fenty noted that the appeals court ruling deals specifically with the issue of guns in the home, so it would not impact the ban against private citizens carrying handguns on the street.



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