Court Takes No Action on Gun Case Cert Petition

Updated: The U.S. Supreme Court took no action today in a closely watched case that asserts the Second Amendment protects an individual right to bear arms.

Some had speculated the court could act on the cert petition as early as today. The next date for possible action is likely to be Nov. 26, SCOTUSblog reports.

The U.S. Court of Appeals for the D.C. Circuit held the individual right was protected, the New York Times reports. The decision struck down a Washington, D.C., statute that bars handgun possession as unreasonable, but said reasonable regulations could be upheld. Such regulations could include bans on concealed weapons or gun ownership by felons.

Opponents claim the amendment protects only the right of the states to arm militias.

Robert Levy, a senior fellow at Washington’s libertarian Cato Institute, represented the plaintiffs who challenged the ban. (All but a security guard have been eliminated from the case because of lack of standing.) Levy told the ABA Journal that two lawyers from the National Rifle Association originally tried to dissuade him from filing the case.

Some NRA critics suggest the group fears that a Supreme Court win would cripple its cause and fundraising. NRA lawyers counter that their reluctance was because of prudent case selection, and they will support the plaintiff in an amicus brief if cert is granted. The ABA Journal has posted relevant filings.

Originally publish on 12/13/2007 at 6:30 a.m. CST