Legal Question in Constitutional Law in District of Columbia

Police & Military vs. 2nd Amendment

There are current federal laws (which shouldn't extend beyond D.C., per Article 1 Section 8 Clause 17) that make certain guns & magazines for them illegal for private citizens to purchase new, but legal for the military & police. How can this possibly coincide with the 2nd Amendment?


Asked on 6/05/03, 2:15 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Police & Military vs. 2nd Amendment

Article 1, Section 8 Clause 17 of the U.S. Constitution has nothing to do with the applicability of federal gun laws nor their curtailment to the District of Columbia, but rather gives Congress legislative authority over the District of Columbia and other places purchased with the consent of Congress for "The Erection of Forts, Magazines, Arsenals, dockyards, and other needful Buildings"---

Courts have long recognized that Congress may pass federal legislation regulating firearms. The so-called "Brady Bill" is but one fairly recent example of this. However, federal regulation of firearms began long before this; the right to own machine guns without a special federal firearms license was banned, I believe, back in the 1930's.

The fact that Congress has and does limit the availbility of certain weapons to the private citizenry in no way violates the Second Amendment.

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Answered on 6/05/03, 5:12 pm


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