Subsequent Cases

Heller 2 & 3

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Heller II

MAY 15, 2014 H E L L E R - I I vs. D.C.
Washington, D.C.

A United States District Court judge released a decision in which he summarily rejected the list of challenges to DC’s firearms restrictions and infringements raised in the  Heller-II  lawsuit.

The court finds the District’s tough gun registration laws and the gun control regulations passed in response to the 2008  D.C.  vs.  HELLER  landmark Supreme Court decision  do  “pass constitutional scrutiny.”  “The city has crafted their gun controls in a constitutionally permissible manner,” U.S. District Judge James  Boasberg wrote in an opinion likely to be appealed.

 One of the issues in the suit was the defense of AR-15’s.  Several states now make possession of “the common use gun of the day”  (Justice Scalia),  the AR-15, a felony.

 That decision continues a trend of some federal courts that refuse to fully recognize the Constitutional  command that the “right of the people to keep and bear arms shall not be infringed.”

Additionally, now-Justice Brett Kavanaugh, while a judge on the D.C. Appellate - Circuit court, supported citizen-ownership of AR-15’s in this case but was over-ridden by Circuit Judges Ginsburg & Henderson.

See… https://www.Heritage.org/courts/commentary/brett-kavanaughs-defense-second-amendment-hardly-extremist

See also… 1994 case of Staples v. United 

 

Heller II & III Decided Issues:

ISSUES HELLER WON

1.  Registration but  NO confiscation/ Criminal
            Penalties for delayed failure to register
2.  NO 3 year RE-Registration
3.  NO 6 year FBI Fingerprint  &
                    Background check
7.  NO Ballistics fingerprint,  all handguns (found to be useless everywhere else) 
9.  ONE Gun per Month – Struck Down
10.  NO Driver-License Vision required
13.  4 hrs. Classroom training  ~  replaced with a 20 min. Safety Video
14.  One Hour range time … SAFETY First, (No resistance on this.)

ISSUES HELLER LOST ON

4.  Fees – whimsical & intimidating
5.  AR-15 – outlawed   …  along with all “ Pelose-ugly guns ”
6.  Mag Limitation to 10 rounds – all F/A
8.  CAL / MD / CONN   Lists   —  these  limit  product  choices &  availability
11.  Carry Ownership PAPERS at all times with firearm,  Comrade.
12.  UZI name – Totally outlawed, on anything
15.  Notify Police Chief of any change of disposition   (loss, sale, theft)  +
16.  Running dialogue with Police Chief of changing uses  
(biz – home address – movement / change location of H/G)

DC law requiring "good cause" to concealed carry handguns ruled Unconstitutional

 July 25, 2017  

In a 2-1 decision, the U.S. Court of Appeals for the D.C. Circuit ordered lower courts to issue permanent injunctions blocking enforcement of the law.

City officials said they are considering an appeal, but gun rights supporters said the ruling is a major step and could set up an even bigger victory should the U.S. Supreme Court adopt the circuit judges’ decision.

“At the Second Amendment’s core lies the right of responsible citizens to carry firearms for personal self-defense beyond the home, subject to longstanding restrictions,” Judge Thomas B. Griffith wrote in the majority opinion. “These traditional limits include, for instance, licensing requirements, but not bans on carrying in urban areas like D.C. or bans on carrying absent a special need for self-defense.”

The ruling is the latest blow to the District’s efforts to curtail gun possession and use. The Supreme Court struck down the city’s near total ban on firearms possession in 2008, and a federal court blocked an effort to ban the carrying of firearms in public in 2014.

Courtesy of the Washington Times