法律英语：30 Handguns in D.C.

by Michael W. Flynn
 
First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction². Further, I do not intend to create an attorney-client relationship with any listener.

Today is part 2 of the 2008 Supreme³ Court roundup, and I will discuss a Second Amendment⁴ case in which the Court struck down Washington, D.C.’s handgun ban.

The Second Amendment to the Constitution states very simply:

A well regulated Militia⁵, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed⁶.

The Second Amendment has rarely been discussed in Supreme Court opinions. In fact, the last opinion to deal with this Amendment was in 1939 when the Court addressed the constitutionality of a law prohibiting sawed-off shotguns.

The text of the Amendment took center stage when Dick Heller, an armed security guard, sued the District after it rejected his application to keep a handgun at his Capitol Hill home a short distance from the Supreme Court building. The 1976 D.C. handgun law prohibited most citizens from having handguns in their homes, and required that all firearms be equipped with trigger locks, or be kept disassembled.

In a 5-4 decision penned by Justice Scalia, the court struck down the handgun ban, the trigger lock requirement, and the disassembly requirement, but generally upheld D.C.’s licensing⁷ requirements.

The basic question before the Court was whether the Second Amendment granted an individual right to bear arms, or a collective right to bear arms when connected with a militia. Proponents⁸ of the D.C. law argued that the prefatory, or introductory clause of the Amendment showed that the right was necessarily tied to service in a militia. The prefatory clause states that “A well regulated Militia, being necessary to the security of a free State,” and so the proponents of the law argued that any right to have a gun was related to service in a militia, not with self-defense in the home. Opponents of the law argued that self-defense was contemplated⁹, and that the Second Amendment was also passed in part to allow local governments the ability to defend themselves against the Federal government.

In the end, the Court sided with the opponents of the law, striking it down.

But what does this case mean to the average American? First, there is an unsettled issue of whether this case will apply to state laws prohibiting handguns. The case only dealt with a law in D.C., which is not a state. The Court has held that many provisions of the Bill of Rights, such as the Fourth Amendment’s reasonable search and seizure¹⁰ requirements, apply to the states through the Fourteenth Amendment. However, the Court has not held that all Federal Constitutional provisions apply to the states automatically, and so the question of whether this case applies to the states is still an open one.

Also, this case will not likely affect laws pertaining¹¹ to hunting or the guns used for hunting. The opinion focused in large part on the self-defense needs of people living in densely-populated urban areas, not hunting.

Last, this case will not likely affect state and local governments’ abilities to regulate handguns by denying the right to possess them to felons¹² or the mentally ill, or to limit handguns in buildings such as schools and courthouses. Justice Scalia expressly noted¹³ so in his majority opinion, and the case seems only to have addressed a wholesale¹⁴ ban on handguns.

However, one thing is for sure: this case will (and already has) sparked a number of lawsuits¹⁵ around the country in which current or prospective¹⁶ gun owners are challenging gun regulation.

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful¹⁷ Life. You can send questions and comments to.........or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

4 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

5 militia   

n.民兵，民兵组织

参考例句：

• First came the PLA men,then the people's militia.人民解放军走在前面，其次是民兵。
• There's a building guarded by the local militia at the corner of the street.街道拐角处有一幢由当地民兵团守卫的大楼。

6 infringed   

v.违反（规章等）( infringe的过去式和过去分词 )；侵犯（某人的权利）；侵害（某人的自由、权益等）

参考例句：

• Wherever the troops went, they never infringed on the people's interests. 大军过处，秋毫无犯。 来自《现代汉英综合大词典》
• He was arrested on a charge of having infringed the Election Law. 他因被指控触犯选举法而被拘捕。 来自《现代汉英综合大词典》

7 licensing   

v.批准，许可，颁发执照( license的现在分词 )

参考例句：

• A large part of state regulation consists of occupational licensing. 大部分州的管理涉及行业的特许批准。 来自英汉非文学 - 行政法
• That licensing procedures for projects would move faster. 这样的工程批准程序一定会加快。 来自辞典例句

8 proponents   

n.（某事业、理论等的）支持者，拥护者( proponent的名词复数 )

参考例句：

• Reviewing courts were among the most active proponents of hybrid rulemaking procedures. 复审法院是最积极的混合型规则制定程序的建议者。 来自英汉非文学 - 行政法
• Proponents of such opinions were arrested as 'traitors. ' 提倡这种主张的人马上作为“卖国贼”逮捕起来。 来自辞典例句

9 contemplated   

adj. 预期的 动词contemplate的过去分词形式

参考例句：

• The doctor contemplated the difficult operation he had to perform. 医生仔细地考虑他所要做的棘手的手术。
• The government has contemplated reforming the entire tax system. 政府打算改革整个税收体制。

10 seizure   

n.没收；占有；抵押

参考例句：

• The seizure of contraband is made by customs.那些走私品是被海关没收的。
• The courts ordered the seizure of all her property.法院下令查封她所有的财产。

11 pertaining   

与…有关系的，附属…的，为…固有的(to)

参考例句：

• Living conditions are vastly different from those pertaining in their country of origin. 生活条件与他们祖国大不相同。
• The inspector was interested in everything pertaining to the school. 视察员对有关学校的一切都感兴趣。

12 felons   

n.重罪犯( felon的名词复数 )；瘭疽；甲沟炎；指头脓炎

参考例句：

• Aren't those the seats they use for transporting convicted felons? 这些坐位不是他们用来押运重犯的吗？ 来自电影对白
• House Republicans talk of making felons out of the undocumented and those who help them. 众议院共和党议员正商议对未登记的非法移民以及包庇他们的人课以重罪。 来自互联网

13 noted   

adj.著名的，知名的

参考例句：

• The local hotel is noted for its good table.当地的那家酒店以餐食精美而著称。
• Jim is noted for arriving late for work.吉姆上班迟到出了名。

14 wholesale   

n.批发；adv.以批发方式；vt.批发，成批出售

参考例句：

• The retail dealer buys at wholesale and sells at retail.零售商批发购进货物，以零售价卖出。
• Such shoes usually wholesale for much less.这种鞋批发出售通常要便宜得多。

15 lawsuits   

n.诉讼( lawsuit的名词复数 )

参考例句：

• Lawsuits involving property rights and farming and grazing rights increased markedly. 涉及财产权，耕作与放牧权的诉讼案件显著地增加。 来自辞典例句
• I've lost and won more lawsuits than any man in England. 全英国的人算我官司打得最多，赢的也多，输的也多。 来自辞典例句

16 prospective   

adj.预期的，未来的，前瞻性的

参考例句：

• The story should act as a warning to other prospective buyers.这篇报道应该对其他潜在的购买者起到警示作用。
• They have all these great activities for prospective freshmen.这会举办各种各样的活动来招待未来的新人。

17 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。