WASHINGTON, DC -- Congressman Chaka Fattah (D-PA) was joined by members of the nation’s largest gun safety advocacy organizations today in support of the right of the District of Columbia to reduce violence in the city by prohibiting residents from owning handguns.  Leading a 17 Member delegation of his colleagues, Congressman Fattah asked the Supreme Court to overturn a decision by the United States Court of Appeals. 

That ruling struck down the District of Columbia’s ban on handguns based on its belief that the prohibition violates the U.S. Constitution’s Second Amendment. The Second Amendment states, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The Second Amendment’s broad language has often led to much debate among lawmakers.

The Congressional brief asserts the U.S. Court of Appeals’ ruling is an unwarranted departure from prior Supreme Court decisions.  Additionally, the brief provides an important Congressional perspective about the Second Amendment and appropriate resolution of this case, including discussions of Congress’ powers and responsibilities over the militia under Article I of the Constitution, and Congress’ activities in the area of firearms regulation.

Congressman Fattah said, “Last year, 8,000 Americans were killed by handguns. Across America, but particularly in major metropolitan areas, handgun violence is impacting thousands of families.  Children are losing their parents, and parents are losing their children.  The sting of handgun violence is far reaching; families and communities will feel its effect for generations to come. The Supreme Court must uphold the District of Columbia’s right to make policy decisions that will ensure the safety of all its citizens.”

Attorney Scott Gant, of the law firm Boies, Schiller and Flexner LLP, a litigation powerhouse, filed the brief on behalf of Congressman Fattah.  Gant said, “It’s been nearly 70 years since the Court last directly addressed the substantive nature of any rights conferred by the Second Amendment.  During that time, Congress has enacted numerous laws which required consideration of whether and how the Second Amendment constrains its authority.  Congress also has specific powers and responsibilities over the militia under Article I of the Constitution.  Members of Congress clearly bring an important perspective to this case, and we’re hopeful the Court will find the brief helpful in resolving it.” 

The Supreme Court heard 75 minutes of oral arguments this morning in the case of District of Columbia v. Heller. The high court is expected issue its ruling by the end of June.