HELLER - I

Supreme  Court Case No. 07-290 

Decided June 26, 2008

Found in favor of the 2nd Amendment being an individual right.

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                                            HELLER - II
On March 26, 2010,

Judge Ricardo Urbina of the U.S. District Court for the District of Columbia ruled that the D.C. firearm ordinances enacted after the Supreme Court's D.C. v. Heller decision in 2008 "permissibly regulate the exercise of the core Second Amendment right to use firearms for the purpose of self-defense in the home." Urbina dismissed a case brought by Dick Heller [ HELLER-2 ].

Heller challenged the District's firearms 

(a.)  registration process, its 
(b.)  ban on assault weapons, and its 
(c.)  prohibition of "large capacity ammunition feeding devices," 
                           claiming they violated the Second Amendment.

          In analyzing the Supreme Court's Heller decision, Urbina said the Second Amendment right to bear arms "is not unlimited."  He cited Justice Antonin Scalia's admonition that the Court's decision, while declaring an individual right to bear arms, did not "cast doubt" on a range of firearms regulations. Urbina said he was applying  "intermediate scrutiny"  to D.C.'s new ordinances, and under that standard, he concluded the regulations were permissible because they serve the District's "important governmental interest" in public safety.

          Gun control advocates applauded the ruling as proof that the 2008 Heller decision did not sweep away all forms of firearm regulation.

          Heller's lawyer Stephen Halbrook said this afternoon the decision was disappointing, and "I'd be surprised if we don't appeal." Halbrook, a Virginia lawyer and Second Amendment scholar, commented that even though Urbina said he was using an intermediate level of scrutiny in appraising the D.C. law, he was in fact  overly deferential  toward the city. "He repeated uncritically whatever the [D.C. Council] committee report said." Halbrook also said the ultimate fate of the D.C. ordinance may depend in part on what the Supreme Court says about how fundamental the right to bear arms is in the pending case of McDonald v. City of Chicago.



                                          HELLER - II (b)


The JULY 6, 2009  Summary-Decision-Request  Court Date 
                               For the Heller-II A & B Complaints:
                                     Postponed until August,  Date T.B.A.


                                                                                    June 20, 2009
RESULTS:
Heller - 2 (b) Lawsuit  --  
D.C. Expands List Of Allowed Guns To Avert Heller Lawsuit
http://www.WashingtonPost.com/wp-dyn/content/article/2009/06/19/AR2009061901822.html?sid=ST2009061901861


                                                                                  March 25, 2009

Docket no. 08-1289, before District Judge Ricardo M. Urbina

PURPOSE:  
This action is to vindicate the right of the people of D.C. to keep and bear arms under the Second Amendment which prohibits infringement of the right of citizens to keep commonly-possessed firearms in the home.

SUMMARY:  
The newest D.C. legislation has added onerous requirements to pre-Heller law with provisions which are most unusual and are unreasonable,  have new  prohibitions on commonly-possessed firearms &  magazines, and contains unduly rigerous registration requirements  --  all which makes it far more burdensome to register a firearm of any kind in the District of Columbia.

QUICK SUMMARY:  
- Limit residents to registering one handgun every 30 days,
- Require training prior to registering a firearm,
- Requires handguns to be re-registered every three years,
- Prohibit the registration of handguns that are not listed on California's 
                       Roster of Handguns Certified for Sale,
- Ban handguns manufactured after January 1, 2011 that
                     do not have microstamping technology, and
- Prohibit the registration of semi-automatic rifles.

ELEMENTS:
The Police Chief will register only one handgun  (H/G)  per person each month.

Fingerprinting  (like a  CRIMINAL)  --  Long waiting period for FBI to return report.

Every 3 years firearms owners must renew their gun registration certificates.

Every 6 years a registrant must get an FBI fingerprinting/CRIMINAL background  check.

A typical person's costs of about  $300 and a time period of over a month is required  to legally take posession of a fire arm.   Our filing contains a plaintif's case study.

                 CRIMINALIZING  GUN OWNERSHIP

A gun owner  can lose their Second Amendment rights for failure to notify the Police Chief of any job or address change, like a  CRIMINAL  on parole.

If a registration is inadvertently not renewed, such as due to sickness or travel, gun owners are subject to criminal punishment of 5 years in jail.

A wide array of commonly-possessed handguns, rifles, & shotguns are  missing from the Cal. roster because of manufacturers' lack of interest in paying  Listing-Fees   [another HIDDEN tax]  for their discontinued models.  This filing includes Heller's extremely common  1970's version of a 1911  Army Colt .45  which was  rediculously  &  WHIMSICALLY  dis-approved for this reason.

A DC resident may not possess a handgun not on the  WHIMSICALLY & EXTORTION devised California Roster of  "APPROVED"  Handguns.  

DC  CRIMINAL-izes the ownership and possession of any H/G that is not on the California Approved Roster.

Police Chief will require all persons, with registered firearms from over 30 years ago, to   re-register   them beginning about April 2009  --  Aparently all are required to use the newest form and to validate their employment history & other irrelevant & intrusive personal information as if they are  CRIMINALS.

[NOTE:] 
Of  40,000 plus registered firearms, last year the city's registration procedures could  not  account for  30,000 of them.

The transport of any firearm in travel outside the home must be accompanied by the piece of paper called the Registration Certificate  and exhibit it upon demand by any law enforcement officer  -- 
"Show me your papers, comrade."

               DEFINITIONS:   "ASSAULT WEAPON"
(a.)
 is defined as a semi-automatic rifle that takes a   detachable magazine and  any one of the following:  a pistol grip, a thumbhole stock, or a folding/telescoping stock.   Such rifles are commonly possessed for lawful purposes throughout the United States.

(b.)
is further defined as a semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:  a threaded barrel capable of accepting a flash suppressor, forward handgrip, or silencer, and the capacity to accept a detachable magazine at some location outside of the pistol grip.   The former would include threading for target-style barrel weights or muzzle brakes to reduce recoil and the capacity to accept a detachable magazine at some location outside of the pistol grip.

(c.)
is a semi-automatic shotgun that has a detachable magazine is classified as an assault weapon.   Having a detachable magazine is a safety feature allowing for the safe  unloading of a shotgun.

                                GOVT BY WHIM:

FURTHER DEFINITION: 
Assault Weapon  --  The term assault weapon is also defined to include any firearm that the Police Chief may designate as an assault weapon by rule, based on a determination that   "the firearm"  would reasonably pose a similar danger to the health, safety, and security of the residents of the District as other weapons enumerated as assault weapons.   This empowers the Chief to ban any firearm of any kind whatever without regard to any defined feature (ugly-gun), or to ban  all  firearms simply by designating them with the label "assault weapon."
ELIMINATE The Second Amendment  --  BY WHIM . . . like 32 years ago ! !

A person in the District in possession of any large capacity magazine (a mag accepting more than 10 rounds)  is considered to be in possession of  CRIMINAL contraband and can be punished at the same level as a first time firearms volation, punishable by a $1,000 fine and one year in prison.   Officer Heller was denied the registration of his Sig Sauer P226 9mm pistol for self defense in the home because the standard magazine size is 15 rounds.

PROHIBITED:  
A list of named  pistols  beginning with  "UZI,"  the first name of the famed Jewish firearm designer  Uzi Gal, and not the name of any specific model with any specific features.  The District thus purports to prohibit a firearm based solely on the  name of the designer without regard to any characteristics of the firearm.

On March 19, 2009  plaintiff  Heller  submitted an application for firearms registration  for a Baby Eagle UZI, 9mm semi-automatic  pistol, for self-defense in the home.  This is an ordinary pistol similar to other 9mm pistols. By letter the Metropolitan Police notified Heller that the pistol is  un-registerable  because:  "the listed weapon is defined as an  assault weapon  and prohibited from being registered in DC,"  soley because of the  brand name.

[NOTE:] 
Another case was filed this month because,  while the H/G  is on the Cal. approved list,  GREEN  was  NOT an approved  COLOR for that model.



                                    HELLER - II (a)
                                                                                                     July 28th, 2008