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FOR IMMEDIATE RELEASE: February 7, 2008
CONTACT: Matt Mackowiak

Sen. Hutchison Defends 2nd Amendment Rights in Heritage Foundation Speech Highlights Majority Opinion of Congress to Uphold “Fundamental Individual Right”

WASHINGTON -- U.S. Senator Kay Bailey Hutchison (R-TX), Texas’ senior senator, today defended the right of all Americans to bear firearms and protect themselves and their families in their homes. At a forum hosted by the Heritage Foundation, Sen. Hutchison discussed the issue in light of the upcoming Supreme Court ruling on the case, District of Columbia v. Heller, which presents an important opportunity to affirm this right.

“Next month, for the first time since 1939, the U.S. Supreme Court will rule on the issue of Second Amendment rights. Their decision will have major implications for all Americans,” said Sen. Hutchison.

“Tomorrow I will file an amicus brief with the Supreme Court with my colleague Sen. Jon Tester. We’ve gathered the greatest number of signers on a brief to the Supreme Court in recent history. A majority of both houses of Congress have signed our brief in support of the respondent, who simply wishes to exercise his constitutional right to protect himself. In a situation like this, we feel it is important for members of the legislative branch to give our opinion on the legislative history and its relevance,” Sen. Hutchison said.

Sen. Hutchison emphasized the need to restore this constitutional right to residents of Washington D.C., who are currently living under the most restrictive gun control laws in the nation, which are prohibiting individuals from protecting themselves in their own homes.

In 1976, the D.C. City Council banned handguns and required rifles and shotguns to be registered, stored unloaded, and either locked or disassembled. Six D.C. residents sued the city over its firearms prohibition and the constitutional right to protect themselves. The U.S. Court of Appeals for the D.C. Circuit ruled last March that the city’s gun control laws violate individuals’ Second Amendment rights. The majority opinion wrote, "Section 7-2507.02, like the bar on carrying a pistol within the home, amounts to a complete prohibition on the lawful use of handguns for self-defense. As such, we hold it unconstitutional."

Next month, the Supreme Court of the United States will hear the District of Columbia’s appeal in the case District of Columbia v. Heller. The Supreme Court’s consideration of the case this term marks the first time since 1939 that the Court will rule on a Second Amendment challenge to a firearm law.

“The Supreme Court has the perfect case to affirm that the Second Amendment protects an individual’s right to self-defense,” said Sen. Hutchison.

Sen. Hutchison introduced the District of Columbia Personal Protection Act of 2007, S.1001, a bill to restore Second Amendment Rights to the residents of Washington, DC. She also authored an amicus curiae brief to the Supreme Court in support of the Court affirming the decision and upholding the Second Amendment as a fundamental individual right. The amicus brief has been signed by 55 Senators, and 250 members of the House.



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