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Gun Control on Trial

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Cato Institute

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Partner:: Cato Institute
Location:: Cato Institute
Washington, D.C.
Event Date:: 11.24.08
Speakers:: Brian Doherty,; Timothy Lynch,; Christopher Rhee
Tags:: supreme court; scotus; justice department; gun control; guns; 2nd amendment; judicial

Summary: Last June, the Supreme Court had its first opportunity in seven decades to address one of America's most impassioned constitutional debates: Does the right to possess firearms, as stated in the Second Amendment, apply to individuals?

Yes, the Court ruled, it does.

And, with that decision, the District of Columbia's handgun ban--one of the most controversial in the nation--was ended.

In Gun Control on Trial, journalist Brian Doherty tells the full story behind the landmark District of Columbia v. Heller ruling. With exclusive, behind-the-scenes access throughout the case, Doherty's new book takes readers on a remarkable journey--through the legal, scientific, and historical debates; the political battles; and the myths about gun control that have become widespread.

How is the District's new registration process working?

How will the Heller precedent impact the firearm regulations in other American cities? - Cato Institute

Bio

Brian Doherty

Brian Doherty is a senior editor of Reason, the libertarian monthly named one of "The 50 Best Magazines" three out of the past four years by the Chicago Tribune. Established in 1968 and a four-time finalist for National Magazine Awards, Reason has a print circulation of 40,000 and won the 2005 Western Publications Association "MAGGIE" Award for best political magazine. Reason Online, the magazine's Web edition, draws 1.75 million visits per month, and the staff weblog Hit and Run has been named by Playboy, Washingtonian, and others as one of the best political blogs.

Timothy Lynch

Director, Project on Criminal Justice Under the direction of Tim Lynch, Cato's Project on Criminal Justice has become a leading voice in support of the Bill of Rights and civil liberties. His research interests include the war on terrorism, overcriminalization, the drug war, the militarization of police tactics, and gun control. In 2000, he served on the National Committee to Prevent Wrongful Executions. Lynch has also filed several amicus briefs in the U.S. Supreme Court in cases involving constitutional rights. He is the editor of After Prohibition: An Adult Approach to Drug Policies in the 21st Century. Since joining Cato in 1991, Lynch has published articles in the New York Times, the Washington Post, the Wall Street Journal, the Los Angeles Times, ABA Journal, and the National Law Journal. He has appeared on The NewsHour with Jim Lehrer, NBC Nightly News, ABC World News Tonight, Fox's The O'Reilly Factor, and C-SPAN's Washington Journal. Lynch is a member of the Wisconsin, District of Columbia, and Supreme Court bars. He earned both a B.S. and a J.D. from Marquette University.

Christopher Rhee

Christopher Rhee is a member of Arnold & Porter LLP's Securities Enforcement & Litigation practice group. He has represented auditors, corporations, and their officers & directors in SEC and governmental investigations and class action securities litigation. He has argued several appeals and motions, in federal and state court. Prior to joining Arnold & Porter LLP, Mr. Rhee served as a Counsel to the Senate Judiciary Committee, as an Assistant United States Attorney, and as the Special Assistant to Deputy Attorney General Eric H. Holder, Jr. Mr. Rhee clerked for the Honorable Merrick B. Garland on the US Court of Appeals for the DC Circuit, and the Honorable Louis F. Oberdorfer on the US District Court for the District of Columbia.

Chapters

: Watch Full Program

01 hr 10 min 55 sec

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01.: Introduction

06 min 11 sec

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02.: Recent Attacks on the Second Amendment

05 min 03 sec

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03.: Building a Case Against Gun Control

04 min 09 sec

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04.: Evidence of the Ineffectiveness of Gun Control

04 min 33 sec

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05.: Establishing Legal Standing to Challenge DC's Gun Ban

03 min 53 sec

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06.: Taking the Case to the Supreme Court

03 min 57 sec

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07.: The Ramifications of the Court's Ruling

05 min 00 sec

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08.: Gun Control in the Obama Administration

04 min 02 sec

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09.: Rhee Introduction

00 min 53 sec

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10.: Judicial Activism in the Heller Case

04 min 23 sec

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11.: Errors in the Court's Ruling

06 min 05 sec

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12.: Doherty's Rebuttal

02 min 09 sec

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13.: Q & A

00 min 04 sec

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14.: Q1: Viewing the Court's Decision as a Victory for Gun Control

04 min 43 sec

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15.: Q2: The Bush Administration's Support for Gun Control

04 min 30 sec

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16.: Q3: Guns in the Workplace

01 min 25 sec

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17.: Q4: Applying the Second Amendment at the State Level

04 min 55 sec

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18.: Q5: Gun Ownership and Police Raids

01 min 33 sec

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19.: Q6: Designating Guns for Militias

03 min 26 sec

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: Watch Full Program

01 hr 10 min 55 sec

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Brian Doherty on the Legal History of Gun Rights

05 min 10 sec

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Brian Doherty describes the historical and political background of the District of Columbia v. Heller, the landmark Supreme Court case that overturned Washington DC's gun ban.
Brian Doherty on Legal Hurdles During the Heller Case

02 min 37 sec

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Brian Doherty describes stumbling blocks the Heller case faced before reaching the Supreme Court.

He explains the "strange and stringent standard for standing" that led to the dismissal of five plaintiffs.
The Future of Gun Control Under Obama Administration

02 min 32 sec

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Although Brian Doherty criticizes President-elect Obama's "disrespect for personal gun possession rights," he believes the new administration will do little in the near future to enforce stricter gun control laws.
Watch Full Program

01 hr 10 min 55 sec

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Encyclopædia Britannica Article

gun: Weapon consisting essentially of a metal tube from which a missile or projectile is shot by the force of exploding gunpowder or some other propellant. The term is often limited today to the so-called big guns, cannon larger than a howitzer or mortar. It may also be used to refer to military small arms such as the rifle, machine gun, and pistol, as well as to nonmilitary firearms such as the shotgun. Though the Chinese used gunpowder in warfare from the 9th century, guns were not developed until the Europeans acquired gunpowder in the 13th century. The earliest guns (c. 1327) resembled old-fashioned soda bottles; they apparently were fired by applying a red-hot wire to a touchhole drilled through the top. Separating the barrel and the powder chamber resulted in breechloaders, which continued to be used in naval swivel guns and fortress wallpieces well into the 17th century. Small arms, as distinguished from hand cannon, did not exist until the development of the matchlock in the 15th century. See also flintlock, wheel lock.; gun on britannica.com