Skip to comments.Washington Gun Owners' Appeal Seeks to Weaken Limits(DC)
Posted on 11/17/2010 3:57:41 AM PST by marktwain
Nov. 15 (Bloomberg) -- Washington, D.C., gun owners told a federal appeals court that the city's firearm registration process and a ban on certain types of weapons violate their constitutional rights.
The lawyer for Dick Heller, the plaintiff in a U.S. Supreme Court case in 2008 that set a national standard for Second Amendment rights, and three other plaintiffs said Washington's regulations are the most stringent in the U.S. and inconsistent with Supreme Court rulings.
The case, known as Heller II, is seeking to overturn restrictions on firearms possession the District of Columbia imposed after Heller won his previous case. Like his previous challenge, Heller lost in the district court. He then defeated the city in the appeals court, ending Washington's almost total ban on guns. A victory in Heller II has the potential to provide gun advocates in other states with an influential ruling, Heller's lawyer, Stephen Halbrook, said in an interview.
"The District responded to the Supreme Court's decision in D.C. v. Heller by passing the most radically restrictive gun law nationwide," Halbrook told the three-judge panel hearing the case today.
Halbrook argued that the Supreme Court determined that the Second Amendment right to own a gun is a fundamental right, meaning governments are limited in terms of the restrictions they can impose on citizens and Washington had gone too far.
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