Nor may the government justify a ban on a particular firearm simply by claiming to allow the possession of others. While it is a dubious proposition that Petitioners allow individuals any firearms for private home use, the government’s compliance with the Constitution by allowing rifles would not permit the government to violate the Constitution by banning handguns–any more than the government could prohibit books because it permits newspapers and considers them an “adequate substitute.”

Alan Gura
Robert A. Levy
Clark M. Neily III
February 24, 2008
RESPONDENT’S BRIEF
On Writ Of Certiorari To The United States Court Of Appeals For The District Of Columbia Circuit