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File #: 070977    Version:
Type: Resolution Status: Passed
File created: 10/23/2007 In control: JUDICIARY & LEGISLATION COMMITTEE
On agenda: Final action: 12/11/2007
Effective date:    
Title: Substitute resolution authorizing and directing the City Attorney, on behalf of the City, to sign onto an amicus brief being coordinated by the Legal Community Against Violence in connection with the U.S. Supreme Court’s anticipated review of District of Columbia v. Heller, relating to the District’s laws banning most handgun possession by residents, provided that upon review of the amicus brief, the City Attorney determines that it is consistent with the intent of the Common Council expressed in this resolution.
Sponsors: ALD. HAMILTON, ALD. DAVIS
Indexes: CITY ATTORNEY, DANGEROUS WEAPONS, FIREARMS, LITIGATION
Attachments: 1. Fiscal Note
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
12/20/20072 MAYOR SIGNED   Action details Meeting details Not available
12/11/20072 COMMON COUNCIL ADOPTEDPass8:6 Action details Meeting details Not available
12/3/20071 JUDICIARY & LEGISLATION COMMITTEE SUBSTITUTED

Minutes note: Individuals present: Terry Perry - Intergovernmental Relations Katherine Block - City Attorney's Office Proposed Substitute A accepted.
Pass5:0 Action details Meeting details Not available
12/3/20071 JUDICIARY & LEGISLATION COMMITTEE RECOMMENDED FOR ADOPTIONPass3:1 Action details Meeting details Not available
11/27/20071 JUDICIARY & LEGISLATION COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
11/21/20071 CITY CLERK Sponsor added

Minutes note: Ald. Davis added as a sponsor at the Common Council meeting of 11/21//07
   Action details Meeting details Not available
11/21/20071 COMMON COUNCIL ASSIGNED TO

Minutes note: Ald. Davis asked to be listed as a co-sponsor of this measure. Ald. Murphy asked that the matter be held until later in the meeting for the purpose of hearing from the office of the City Attorney. On the motion to hold: PASS, Bauman, Bohl, Puente, Dudzik, Witkowiak, and Witkowski NO. This matter was taken up again at 12:01 p.m. Ald. Murphy moved that the Common Council resolve itself into the Committee of the Whole for the purpose of hearing from the office of the City Attorney. There was no objection. Asst. City Attorney Katherine Block appeared and addressed the Common Council. Ald. Murphy moved that the Committee of the Whole rise. There was no objection. Ald. Bauman called for the previous question. Ald. Davis objected.
Pass12:2 Action details Meeting details Not available
11/5/20070 JUDICIARY & LEGISLATION COMMITTEE RECOMMENDED FOR ADOPTION

Minutes note: Individuals present: Terry Perry - Intergovernmental Relations Rudolph Konrad and Katherine Block - City Attorney's Office
Pass3:1 Action details Meeting details Not available
10/29/20070 JUDICIARY & LEGISLATION COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
10/29/20070 JUDICIARY & LEGISLATION COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
10/23/20070 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
Number
070977
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. HAMILTON AND DAVIS
Title
Substitute resolution authorizing and directing the City Attorney, on behalf of the City, to sign onto an amicus brief being coordinated by the Legal Community Against Violence in connection with the U.S. Supreme Court’s anticipated review of District of Columbia v. Heller, relating to the District’s laws banning most handgun possession by residents, provided that upon review of the amicus brief, the City Attorney determines that it is consistent with the intent of the Common Council expressed in this resolution.
Analysis
This resolution authorizes and directs the City Attorney to sign onto an amicus brief being coordinated by the Legal Community Against Violence in connection with the U.S. Supreme Court’s anticipated review of District of Columbia v. Heller, relating to the District’s laws banning most handgun possession by District residents, provided that upon review of the amicus brief, the City Attorney determines that it is consistent with the intent of the Common Council expressed in this resolution.
Body
Whereas, In March 2007, in a decision known as Parker v. District of Columbia, the U.S. Court of Appeals for the District of Columbia Circuit struck down the District’s gun laws banning most handgun possession by District residents, holding that the ban violates the Second Amendment to the U.S. Constitution; and

Whereas, On September 4, 2007, the District of Columbia filed a petition for a writ of certiorari with the U.S. Supreme Court which many legal expects believe will be heard in the case now known as District of Columbia v. Heller; and

Whereas, The Parker decision is very significant because it is the only federal appellate decision in U.S. history striking down a firearm law on Second Amendment grounds, and the decision is contrary to long-standing Supreme Court precedent and hundreds of lower court decisions; and

Whereas, The Legal Community Against Vi...

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