DC Gun Law Violates Home Rule Act

WASHINGTON, Feb. 8 /PRNewswire-USNewswire/ -- The American Hunters and Shooters Association (ASHA) today filed an amicus brief with the Supreme Court of theUnited States in support of last year's historic ruling by the US Court of Appeals For The District of Columbia in Heller v. The District of Columbia. Joining in that brief are 11 senior and former military leaders. ASHA believes that the case should be affirmed. Our brief is unique in two respects: first, it argues that the individual right to bear arms is essential to the collective interest in a "well regulated militia." Second, it contends that the DC Gun Law is not authorized under the DC Home Rule Act, and thereby gives the Court a non-Constitutional basis to affirm the decision below.

AHSA President Ray Schoenke, a former Washington Redskins standout and lifelong hunter, proudly stated: "We are honored that so many military experts have added their voices in this case, not only because its outcome could affect the way in which the Second Amendment is viewed, but more importantly because rigorous training with firearms is a strong predictor of success in basic training and in the military. Lawful and regulated practice with appropriate firearms is a critical component of our national defense. That is the judgment of military leaders based on their decades of experience and accomplishment at the very highest positions of our nation's armed forces."

The Petitioners and Respondent in the case have focused solely on two mutually exclusive interpretations of the Second Amendment: one establishing an individual's right to bear arms and, the other memorializing the states right to organize a citizen militia. "AHSA's unique approach to this case argues that pitting individual rights against group rights is not supported by the language of the Second Amendment, which is a blend of both individual rights and community rights, with each depending on the other. A well- regulated militia depends on recruits who have familiarity and training with firearms," Schoenke added. "We firmly believe that the Second Amendment ensures both the individual's right to possess firearms, and the constitutional goal of providing a collective defense. Based on decades of military experience, our partners in this brief have concluded that the District of Columbia's Gun Law directly interferes with various Acts of Congress that are aimed at ensuring the national defense by promoting firearm training amongst the citizenry."

For over a century, Congress has authorized and funded programs to promote the marksmanship of young Americans so that they might make the transition from civilian to military life more effectively and at less cost. This pre- military training has become an integral part of our national defense. The D.C. Gun Law, by barring individuals from owning handguns and using other firearms at reasonable times and places, is inconsistent with these congressional mandates. The D.C. Gun Law's categorical prohibition on pistol ownership by D.C. residents not only conflicts with the Second Amendment and the Defense, Raise and Support Clauses of the Constitution, but also with the District of Columbia Home Rule Act, because it affects the Congressionally mandated Civilian Marksmanship Program which prepares citizens for more effective service in the military.

The argument advanced by AHSA and the military leaders would not prevent the D.C. Council from enacting reasonable regulations relating to possession, safety, and registration of firearms in the District. "Indeed, we firmly believe the District of Columbia has a responsibility to the public to do so," Schoenke said. AHSA believes that the District's Gun Law was a well- intentioned, imperfect effort; however portions of the law improperly impede Defense Department programs vital to the national defense, and therefore exceed constitutional bounds.

    Media Contact:
    Al Madison, Madison & Company 202-841-3341  al@madisonandcompany.com

    Counsel for Amici Curiae:
    C. Allen Foster, Greenberg Traurig 202-533-2396

    American Hunters and Shooters Association (ASHA):
    Ray Schoenke, President 301-651-7225
    Bob Ricker, Executive Director 703-624-7060

Co-Signatories of the Amicus Brief

The American Hunters and Shooters Association ("AHSA") is a non-partisan organization that advocates sensible public policies for gun ownership and use. AHSA seeks to balance Americans' right to possess firearms with the need to ensure sensible and mature ownership, including keeping guns out of the hands of children, criminals, and those who lack the ability to responsibly own a weapon. AHSA does not support unfettered access to all types of weapons.

Major General John D. Altenburg, Jr.: retired Army 2-star; Army Deputy Judge Advocate General and former civilian Appointing Authority, Military Commissions, Guantanamo Bay,Cuba; former enlisted soldier, Vietnam.

Lieutenant General Charles E. Dominy: retired Army 3-star; Director, Army Staff, responsible for coordinating Army Staff functions, including training.

Lieutenant General Tom Fields: retired Army 3-star; Deputy Commander-in- Chief & Chief of Staff U.S. Pacific Command (1991-94).

Lieutenant General Jay M. Garner: retired Army 3-star: Director, Office for Reconstruction & Humanitarian Assistance forIraq (2003); Assistant Vice Chief of Staff of the Army (1996).

General Ronald H. Griffith: retired Army 4-star: Vice Chief of Staff, Army Inspector General and Gulf War Commanding General, 1st Armored Division.

General William H. Hartzog: retired Army 4-star; Commanding General, Army Training & Doctrine Command; Deputy Commanding General, Atlantic Command & Commanding General, 1st Infantry Division.

Lieutenant General Ronald V. Hite: retired Army 3-star; Program Executive Officer, Combat Support; Commanding General, White Sands Missile Range & U.S. Army Test & Evaluation Command; Military Deputy to the Assistant Secretary of the Army for Research, Development, & Acquisition; Director, Army Acquisition Corps.

Major General John G. Meyer Jr.: retired Army 2-star; Chief of Army Public Affairs (1996-01); Commander, Army Community & Family Support Center (1993- 96).

Honorable Joe R. Reeder, 14th Under Secretary of the Army (1993-97), was President of the National Board for the Promotion of Rifle Practice, the governmental entity responsible for administering the Civilian Marksmanship Program (1993-96).

Lieutenant General Dutch Shoffner: retired Army 3-star; Commanding General, Combined Arms Center & Commandant, U.S. Army Command & General Staff College; Commanding General, 3rd Infantry Division & Director, Army Force Development.

General John H. Tilelli: retired Army 4-star; Commanding General, U.S. Army Forces Command; Commander in Chief, Korea; Army Vice Chief of Staff; Gulf War Commanding General, 1st Calvary Division.

SOURCE American Hunters and Shooters Association

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