Note: The views expressed herein represent only those of the D.C. Affairs Section of the D.C. Bar and not those of the D.C. Bar or of its Board of Governors.

The D.C. Affairs Section of the D.C. Bar[1] supports the amicus curiae brief filed by the D.C. Appleseed Center for Law and Justice, D.C. Chamber of Commerce, D.C. for Democracy, D.C. League of Women Voters, Federal City Council, and Washington Council of Lawyers in District of Columbia and Adrian M. Fenty, Mayor of The District of Columbia v. Dick Anthony Heller before the Supreme Court of the United States. The brief supports petitioners District of Columbia and Adrian M. Fenty, Mayor of the District of Columbia.

The D.C. Affairs Section is concerned with issues relating to the laws and government of the District of Columbia, has a longstanding interest in a strong, viable home rule protective of the citizens in the District, and has filed amicus curiae briefs on other issues relating to home rule. The Section has a strong interest in this case, which involves the validity of an important and longstanding measure undertaken by the locally-elected government in order to protect the safety of its citizens. In the event the Court recognizes a new Second Amendment right to keep and bear arms that is not linked to militia service, amici urge the Court to accord substantial deference to the policy decisions of elected officials in the District of Columbia who seek to protect public safety in a manner reflective of local conditions and local concerns.[2] The brief sets out amici’s views concerning how that deference should be accorded and why the District’s policy decisions should be upheld in this case. The brief was prepared by pro bono lawyers Jonathan S. Franklin, Kimberly S. Walker and David Y. Chung of Fulbright & Jaworski L.L.P.

The Section’s steering committee adopted this public statement in support of the brief on February 15, 2008, by majority vote. (Steering Committee Member Tonya Sapp recused herself from any participation in this matter).

Members commenting or preparing this statement include Section Co-chairs Claudia L. McKoin and Sally E. Weinbrom Kram, Litigation Committee Co-chairs Walter A. Smith, Jr. and Jon S. Bouker, Jr., Program Committee Co-chairs James S. Bubar and Charlotte Brookins-Hudson, and Legislative Committee Co-chairs Lawrence Mirel and Esther Bushman.