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DC Gun Law Violates Home Rule Act

 The American Hunters and Shooters Association, with Top Retired Generals,
         Files Unique Brief that Calls DC Gun Law Void on its Face

    WASHINGTON, Feb. 8 /PRNewswire-USNewswire/ -- The American Hunters and
Shooters Association (ASHA) today filed an amicus brief with the Supreme
Court of the United States in support of last year's historic ruling by the
US Court of Appeals For The District of Columbia in Heller v. The District
of Columbia. Joining in that brief are 11 senior and former military
leaders. ASHA believes that the case should be affirmed. Our brief is
unique in two respects: first, it argues that the individual right to bear
arms is essential to the collective interest in a "well regulated militia."
Second, it contends that the DC Gun Law is not authorized under the DC Home
Rule Act, and thereby gives the Court a non-Constitutional basis to affirm
the decision below.

    AHSA President Ray Schoenke, a former Washington Redskins standout and
lifelong hunter, proudly stated: "We are honored that so many military
experts have added their voices in this case, not only because its outcome
could affect the way in which the Second Amendment is viewed, but more
importantly because rigorous training with firearms is a strong predictor
of success in basic training and in the military. Lawful and regulated
practice with appropriate firearms is a critical component of our national
defense. That is the judgment of military leaders based on their decades of
experience and accomplishment at the very highest positions of our nation's
armed forces."

    The Petitioners and Respondent in the case have focused solely on two
mutually exclusive interpretations of the Second Amendment: one
establishing an individual's right to bear arms and, the other
memorializing the states right to organize a citizen militia. "AHSA's
unique approach to this case argues that pitting individual rights against
group rights is not supported by the language of the Second Amendment,
which is a blend of both individual rights and community rights, with each
depending on the other. A well- regulated militia depends on recruits who
have familiarity and training with firearms," Schoenke added. "We firmly
believe that the Second Amendment ensures both the individual's right to
possess firearms, and the constitutional goal of providing a collective
defense. Based on decades of military experience, our partners in this
brief have concluded that the District of Columbia's Gun Law directly
interferes with various Acts of Congress that are aimed at ensuring the
national defense by promoting firearm training amongst the citizenry."

    For over a century, Congress has authorized and funded programs to
promote the marksmanship of young Americans so that they might make the
transition from civilian to military life more effectively and at less
cost. This pre- military training has become an integral part of our
national defense. The D.C. Gun Law, by barring individuals from owning
handguns and using other firearms at reasonable times and places, is
inconsistent with these congressional mandates. The D.C. Gun Law's
categorical prohibition on pistol ownership by D.C. residents not only
conflicts with the Second Amendment and the Defense, Raise and Support
Clauses of the Constitution, but also with the District of Columbia Home
Rule Act, because it affects the Congressionally mandated Civilian
Marksmanship Program which prepares citizens for more effective service in
the military.

    The argument advanced by AHSA and the military leaders would not
prevent the D.C. Council from enacting reasonable regulations relating to
possession, safety, and registration of firearms in the District. "Indeed,
we firmly believe the District of Columbia has a responsibility to the
public to do so," Schoenke said. AHSA believes that the District's Gun Law
was a well- intentioned, imperfect effort; however portions of the law
improperly impede Defense Department programs vital to the national
defense, and therefore exceed constitutional bounds.


Media Contact: Al Madison, Madison & Company 202-841-3341 al@madisonandcompany.com Counsel for Amici Curiae: C. Allen Foster, Greenberg Traurig 202-533-2396 American Hunters and Shooters Association (ASHA): Ray Schoenke, President 301-651-7225 Bob Ricker, Executive Director 703-624-7060 Co-Signatories of the Amicus Brief The American Hunters and Shooters Association ("AHSA") is a non-partisan organization that advocates sensible public policies for gun ownership and use. AHSA seeks to balance Americans' right to possess firearms with the need to ensure sensible and mature ownership, including keeping guns out of the hands of children, criminals, and those who lack the ability to responsibly own a weapon. AHSA does not support unfettered access to all types of weapons. Major General John D. Altenburg, Jr.: retired Army 2-star; Army Deputy Judge Advocate General and former civilian Appointing Authority, Military Commissions, Guantanamo Bay, Cuba; former enlisted soldier, Vietnam. Lieutenant General Charles E. Dominy: retired Army 3-star; Director, Army Staff, responsible for coordinating Army Staff functions, including training. Lieutenant General Tom Fields: retired Army 3-star; Deputy Commander-in- Chief & Chief of Staff U.S. Pacific Command (1991-94). Lieutenant General Jay M. Garner: retired Army 3-star: Director, Office for Reconstruction & Humanitarian Assistance for Iraq (2003); Assistant Vice Chief of Staff of the Army (1996). General Ronald H. Griffith: retired Army 4-star: Vice Chief of Staff, Army Inspector General and Gulf War Commanding General, 1st Armored Division. General William H. Hartzog: retired Army 4-star; Commanding General, Army Training & Doctrine Command; Deputy Commanding General, Atlantic Command & Commanding General, 1st Infantry Division. Lieutenant General Ronald V. Hite: retired Army 3-star; Program Executive Officer, Combat Support; Commanding General, White Sands Missile Range & U.S. Army Test & Evaluation Command; Military Deputy to the Assistant Secretary of the Army for Research, Development, & Acquisition; Director, Army Acquisition Corps. Major General John G. Meyer Jr.: retired Army 2-star; Chief of Army Public Affairs (1996-01); Commander, Army Community & Family Support Center (1993- 96). Honorable Joe R. Reeder, 14th Under Secretary of the Army (1993-97), was President of the National Board for the Promotion of Rifle Practice, the governmental entity responsible for administering the Civilian Marksmanship Program (1993-96). Lieutenant General Dutch Shoffner: retired Army 3-star; Commanding General, Combined Arms Center & Commandant, U.S. Army Command & General Staff College; Commanding General, 3rd Infantry Division & Director, Army Force Development. General John H. Tilelli: retired Army 4-star; Commanding General, U.S. Army Forces Command; Commander in Chief, Korea; Army Vice Chief of Staff; Gulf War Commanding General, 1st Calvary Division.
SOURCE American Hunters and Shooters Association




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CONTACT:
Al Madison of Madison & Company,
+1-202-841-3341, al@madisonandcompany.com, for American Hunters
and Shooters Association; or C. Allen Foster of Greenberg
Traurig, Counsel for Amici Curiae, +1-202-533-2396; or Ray
Schoenke, President, +1-301-651-7225, or Bob Ricker, Executive
Director +1-703-624-7060, both of American Hunters and Shooters
Association