D.C. v. Heller's Alan Gura at the Cleveland City Club

By Jim Irvine

On July 7, 2008 the City Club and the Cleveland Lawyers’ Chapter of the Federalist Society hosted a luncheon forum on gun possession. Alan Gura, who represented Dick Anthony Heller in his successful case against the District of Columbia (DC gun ban case) was the guest speaker.

Buckeye Firearms Foundation sponsored a table. In attendance were State Representative Tom Patton (R-Strongsville) Don Myers, Terry Gallagher, Executive Director, Ohio Patrolman's Benevolent Association, and Buckeye volunteers Hank Olden, Ron Lisy, Chris Chumita and Jim Irvine.

Gura discussed the history of why they chose D.C. and why they chose to go forward at this time.

The District of Columbia had the strictest gun laws in the country. It prohibited possession in one's home of any operable firearm and also prohibited using a firearm for self defense. These draconian and extreme laws provided a sensible place to start rebuilding our Second Amendment rights. Additionally, D.C. is not a state, so it would not be important to establish the incorporation of the Second Amendment to win.

The U.S. Supreme Court does not take all cases requested of it. But they are likely to take cases when lower Federal courts have ruled differently on the same issue, thus settling the argument about which court was right and give guidance to all lower courts on future cases involving the subject.

There were conflicting findings in lower courts on the Second Amendment, and thus Gura, the Second Amendment Foundation, the CATO institute among others believed the table was ripe for the Supreme Court to take a case on the Second Amendment.

Much of the case law regarding the Second Amendment has come from cases where a defendant charged with possession of a gun during criminal activity such as selling drugs or robbery argued he had a right to posses a gun under the Second Amendment. Courts generally have not looked favorably on such arguments, tending to weaken Second Amendment rights.

With a case likely to come before the court, Gura and others believed it was important to present a “clean” case with “good” (non-criminal) clients. In filing the lawsuit, Gura was able to frame the argument the court would eventually rule upon. Hindsight has proven that Gura did a masterful job from beginning to end.

The next step will be to “incorporate” the decision to apply to the states. Gura is the lead attorney in a Chicago case that was filed almost immediately after the Supreme Court decision was released. This case will be the next block as we build the foundation, piece by piece, to fully restore the Second Amendment.

The Chicago case can be followed fully at ChicagoGunCase.com

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