FOR IMMEDIATE RELEASE: June 26, 2008
CONTACT: Matt Mackowiak
Sen. Hutchison: Supreme Court Decision a “Major Victory” for Individual Rights
Led Amicus Brief Effort of Bipartisan Congressional Majority
WASHINGTON -- U.S. Senator Kay Bailey Hutchison (R-TX), Texas’ senior Senator, today applauded a Supreme Court ruling in the case of DC v. Heller, affirming the intent of the Founders that the right to bear arms is an individual right protected by the Constitution. The decision is the first major Supreme Court ruling on a Second Amendment challenge to a firearm law since 1939.
“Today’s ruling is a major victory for the rights of all Americans to protect themselves and their families,” said Sen. Hutchison. “The Supreme Court sent a clear message to local, state, and federal governments that this individual right cannot be unreasonably infringed.”
On February 8, Sen. Hutchison filed an amicus brief in the case of D.C. v. Heller in favor of the respondent who simply wished to exercise his Constitutional right to protect himself in his home. The brief affirmed that the legislative branch believes that the Second Amendment is an individual right. The brief was signed by a bipartisan majority of Congress, including 55 Senators, the Vice President as President of the Senate, and 250 Members of the House of Representatives.
Sen. Hutchison and Sen. Jon Tester (D-MT) gathered the greatest number of signers on a brief to the Supreme Court in history. Sen. Hutchison believed it was important for members of the legislative branch to give its opinion on the legislative history and its relevance.
“This was the perfect vehicle for the Supreme Court to affirm that the Second Amendment protects an individual’s right to self-defense,” said Sen. Hutchison. “The Congressional brief documented legislative history that proved Congress has consistently treated the Second Amendment as a protected individual right.”
On March 27, 2007, 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. The bill has 45 Senate cosponsors. Its House companion legislation, H.R. 1399, has 245 cosponsors.
BACKGROUND ON THE DC GUN BAN
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.”
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