1. Since the enactment of the 1976 D.C. ban on handguns and on home self-defense with any gun, handgun bans have been almost universally rejected by the American body politic. Indeed, 45 states now have laws to prevent the local enactment of laws like the D.C. ban. (Court, capital and handgun. Ft. Worth Star-Telegram.) Accordingly, under a "living Constitution" theory, the case against bans on handguns and on self-defense with firearms is very strong.
2. The D.C. ban is manifestation of the bigotry and incompetence which pervade much of the D.C. municipal government. (A Capital Crime. America's 1st Freedom.)
3. The case for handgun prohibition is very weak, once its premises are carefully examined. (Peril or Protection? The Risks and Benefits of Handgun Prohibition. 12 St. Louis University Public Law Review 344 (1993).)
4. Although the Court has not issued a major Second Amendment decision since Miller in 1939, the Supreme Court has mentioned or discussed the Second Amendment in thirty-five other cases, almost always in a context which requires an individual rights interpretation. (The Supreme Court's Thirty-five Other Gun Cases. 18 St. Louis University Public Law Review 99 (1999).)
5. The interpretation of state constitution right-to-arms clauses strongly points to an individual rights interpretation of the Second Amendment. Over the last four decades, voters in many states have added or strengthened state constitution right to arms clauses, always doing so by overwhelming majorities. These state actions affirm the vitality and importance of the right to arms under a "living Constitution" theory. (What State Constitutions Teach about the Second Amendment, 29 Northern Kentucky Law Review 845 (2002). Cited in Mosby v. Devine, 851 A.2d 1031, 1040 (R.I. 2004), majority opinion by Chief Justice Williams; State v. Hamdan, 264 Wis.2d 433, 467 n. 23, 665 N.W.2d 785, 802 n. 23 (Wisc. 2003), majority opinion by Justice David T. Prosser.)
6. The claim that a gun in the home of an ordinary person is a terrible danger which clearly outweighs the protective value of the gun is empirically false. (The Fallacy of '43 to 1'. National Review Online.)
7. The Brady Campaign claims that it does not support handgun prohibition, and that it does support self-defense by law-abiding gun-owners. Yet the Brady Campaign has fought vigorously in Congress against attempts to reform the D.C. handgun and self-defense bans, has fought in the instant case to preserve the bans, and fought (under one of its former names, the National Council to Control Handguns) to preserve the handgun and self-defense bans in D.C. Superior Court and the D.C. Court of Appeals in the 1976-78 case of McIntosh v. Washington.
Some background on the D.C. handgun and self-defense bans: