U.S. Supreme Court Strikes Down DC Gun Ban; Chicago, San Francisco Are Next Battlegrounds
By Laura DeKoven Waxman
July 14, 2008
The June 26 Supreme Court decision,that struck down the Washington (DC) gun ban, is reverberating in cities across the nation as the National Rifle Association has already filed suits against Chicago and San Francisco, which have bans similar to DC’s.
Commenting on the decision, Conference President Miami Mayor Manny Diaz said, "The Supreme Court’s decision today in the Heller case removes a potent weapon from the arsenal of mayors who must confront gun violence every day on the streets of their cities. The U.S. Conference of Mayors’ position on cities’ rights to regulate firearms is reflected in Justice John Paul Stevens’s dissenting opinion in today’s ruling." The majority, he said, "…would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons….I could not possibly conclude that the Framers made such a choice."
Washington (DC) Mayor Adrian Fenty said he was "…disappointed in the Court’s ruling and believes introducing more handguns into the District will mean more handgun violence." He continued, however, "that at this moment, our gun laws remain in effect. It may be several weeks before there are changes to announce. In the meantime, I have directed the Metropolitan Police Department to implement an orderly process for allowing qualified citizens to register handguns for lawful possession in their homes."
The decision did contain a "silver lining" with its clear statement that the Constitution allows for reasonable restrictions on access to dangerous weapons. All nine Justices agreed that a wide variety of gun laws are presumptively constitutional, including restrictions on carrying concealed weapons, guns in schools and other sensitive places, and bans on "dangerous and unusual" weapons.
The Conference of Mayors filed an amicus brief with the court in support of DC’s gun ban.
Among mayors’ comments on the decision the day it was handed down are the following:
Chicago Mayor Richard M. Daley:
"We are disappointed in the Court’s decision, just as we expressed our concern months ago when the Court agreed to hear this case.
"The Supreme Court ruled that the Constitution allows an individual to have a gun in his home, but the opinion continues to allow conditions on gun sales and bans on gun possession by felons or the mentally disabled and laws barring guns from schools or government buildings.
"In vast numbers, guns are involved in violent crimes in cities and communities across our nation. Today, gun violence has become a national epidemic. We need fewer guns on our streets, not more."
San Francisco Mayor Gavin Newsom:
"Today, the United States Supreme Court affirmed that the Second Amendment confers an individual’s right to possess a handgun. But as the majority wrote, ‘It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.’
"The gun laws that San Francisco has enacted in recent years are reasonable regulations that will be upheld under today’s ruling. I intend to fight any NRA lawsuit that challenges our common'sense gun laws every step of the way."
Conference Vice President Seattle Mayor Greg Nickels:
"The Supreme Courts majority opinion explicitly recognizes the need for common'sense gun laws in our city and in our state. Today’s ruling reaffirms our reasonable efforts in Seattle to make our citizens safer. Justice Antonin Scalia wrote specifically that the Court’s opinion is not meant to restrict laws forbidding the carrying of firearms in sensitive places, such as schools and government buildings. In Seattle, we are in the process of re-examining our policies at city properties."
Boston Mayor Thomas M. Menino:
"Today’s decision by the Supreme Court of the United States has clarified a much publicized debate over the legal right of citizens to bear arms. While I support our constitutional rights, I continue to fight for common sense regulations to prevent firearms from getting in the hands of criminals that seek to cause harm. Mayors are on the front lines in ensuring a safe and peaceful place for people to live, work and raise their families. It is imperative that we continue to work together with our federal partners in adopting laws that will help mayors and law enforcement officials from across the country protect and serve their communities."
Additional reaction to and information on the decision is available on the Conference’s website at http://www.usmayors.org/chs/gunban_062608.asp.
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