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Keyword: heller

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  • Life After Heller - More lawyers, more guns, some nunchuks, and the 14th Amendment

    05/05/2009 9:58:16 PM PDT · by neverdem · 56 replies · 1,419+ views
    Reason ^ | May 5, 2009 | Brian Doherty
    In a peculiar but not unprecedented turn of events, an anti-gun control plaintiff lost his case, last month's Nordyke v. King(pdf), but nonetheless managed to elicit a groundbreaking pro-gun rights declaration from the Ninth Circuit Court of Appeals.In deciding that it was OK for California’s Alameda County to bar the possession of guns on county property—a law that quashed a gun show that had long been held on county fairgrounds—the Ninth Circuit affirmed that the Second Amendment does control state and local actions as well as federal ones. That was a step farther than last year's decision in District of...
  • Ninth Circuit Rules 2nd Amendment Incorporated to States

    04/20/2009 3:47:32 PM PDT · by neverdem · 75 replies · 3,406+ views
    Second Amendment Foundation ^ | April 20, 2009 | NA
    BELLEVUE, Wash.--(BUSINESS WIRE)--The Second Amendment Foundation today applauded the U.S. Ninth Circuit Court of Appeals in San Francisco for ruling that the Second Amendment is incorporated against the states and local governments. The majority opinion was written by Judge Diarmuid F. O'Scannlain, with a concurring opinion from Judge Ronald M. Gould, who wrote, The right to bear arms is a bulwark against external invasionThat we have a lawfully armed populace adds a measure of security for all of us and makes it less likely that a band of terrorists could make headway in an attack on any community before more...
  • Heller Case on Radio Show Today

    04/04/2009 9:25:00 AM PDT · by gieriscm · 7 replies · 479+ views
    self ^ | 04/04/2009 | self
    Dane von Breichenruchardt and Dick Heller are going to be on The Micro Effect radio show today at 3 pm EST to discuss the next Heller case. You can listen live at the site.
  • Dick Heller: A Funny Thing Happened on the Way to the Supreme Court

    04/03/2009 5:58:52 AM PDT · by marktwain · 16 replies · 1,132+ views
    homelandstupidity.com ^ | 2 April, 2009 | Michael Hampton
    For Dick Heller, the battle to reclaim Second Amendment rights from the District of Columbia was over 30 years in the making, and it isnt over yet. They wouldnt let me have my gun, he said, speaking at the 2009 New Hampshire Liberty Forum. I paid for it. It was mine. I live in America! Heller had just moved to D.C. and purchased his first gun in 1976 when the city passed its infamous gun ban, overturned in 2008 by the U.S. Supreme Court in the landmark case in which Heller was the plaintiff. Referring to his gun, a .22...
  • Mendelson's Idiocy

    04/02/2009 5:56:14 PM PDT · by xmission · 6 replies · 333+ views
    NRA.ORG ^ | Wayne LaPierre
    3/31/2009 With brains like Phil Mendelson on the city council, it's no wonder D.C. acts like a third-world country. His March 22 Washington Post column slams congressmen who want to make D.C. a voting member if it will honor the Second Amendment. Mendelson thinks D.C. residents deserve a vote in Congress, but not a firearm in their homes. Why? You're not going to believe this: because giving citizens the right to protect themselves would "disadvantage the right of individuals to be protected by the police ..." I'll repeat that, so you can fully appreciate the lunacy that passes for policy...
  • Massachusetts Trial Court Holds Gun Storage Law Unconstitutional:

    03/30/2009 4:43:20 AM PDT · by marktwain · 75 replies · 2,702+ views
    volockh conspiracy ^ | 26 March, 2009 | Eugene Volokh
    After a police officer's 12-year-old son got access to the officer's handgun, the officer was prosecuted for violating Mass. Gen. Laws. ch. 140, 131L: It shall be unlawful to store or keep any firearm, rifle or shotgun ... in any place unless such weapon is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user. For purposes of this section, such weapon shall not be deemed stored or kept if carried by...
  • Gun Rights and the Constitution: Was Heller Insignificant?

    03/27/2009 5:59:02 AM PDT · by marktwain · 31 replies · 1,103+ views
    New Ledger.com ^ | 26 March, 2009 | David Kopel
    Has the Supreme Court decision in District of Columbia v. Hellerwhich affirmed the Second Amendment and declared the D.C. handgun ban unconstitutionalbeen of almost no significance? So claimed the New York Times in a recent article by Supreme Court reporter Adam Liptak. Unfortunately, Liptaks article followed in a long New York Times tradition of credulously reporting the claims of one anti-gun professor, without conducting sufficient research to see if the claims hold up. Lets start with the most obvious facts which the Times overlooked. On the day that Heller was decided, the citizens of five Chicago suburbs, and of Chicago...
  • D.C. v Heller a Supreme Court victory? Liberal courts/cities laughing and ignoring it

    03/24/2009 6:11:24 AM PDT · by jmaroneps37 · 35 replies · 1,600+ views
    The Collins Report ^ | March 24, 2009 | Kevin Coach Collins
    Last June the Supreme Court handed down a ruling in the District of Columbia v. Heller case which was supposed to be a victory for the preservation of our rights under the Second Amendment, but was it? Nine months later the value of Heller as a benchmark gun rights case is seriously in doubt. Although it unequivocally reaffirmed the rights of honest citizens to keep and bare arms, liberal courts and cities across the country have generally ignored or attacked the decision. Adam Winkler, law professor at UCLA has commented, To date, the federal courts have not invalidated a single...
  • DC Councilman Mendelson tells tall tales in defending DC's onerous and odious gun control scheme

    03/22/2009 8:35:51 PM PDT · by majstoll · 1 replies · 511+ views
    The Examiner.com ^ | March 22, 2009 | Mike Stollenwerk
    http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m3d22-DC-Councilmember-Mendelsons-defense-of-DC-gun-registration-stretches-truth-beyond-breaking-point SNIP But today Councilmember Phil Mendelson insists in a Washington Post commentary that Congress must allow DC gun registration scheme to continue. Let's consider Mendelson's arguments in detail. First, Mendelson said that the Supreme Court "upheld the constitutionality of gun registration." Um, wrong. In DC v. Heller the Supreme Court said that "Respondent conceded at oral argument that he does not 'have a problem with ... licensing' and that the District's law is permissible so long as it is 'not enforced in an arbitrary and capricious manner.' Tr. of Oral Arg. 74-75. We therefore assume that petitioners' issuance of...
  • Visiting law professor speaks about second amendment

    03/17/2009 7:16:26 AM PDT · by marktwain · 7 replies · 694+ views
    Daily Illini.com ^ | 16 March, 2009 | Rosemary Powers
    Today, the University's College of Law hosted Professor Nelson Lund to give a presentation on the second amendment and interpreting the constitution. The event was sponsored by the University's chapter of the Federalist Society. "We are trying to get a dialogue going on second amendment rights," said Billy Joe Mills, co-president of the Federalist Society. "It's a topic that is overlooked a lot, and it's a relevant issue because people aren't sure where it's going to go." Professor Lund, a graduate of the University of Chicago's Law School, is a professor at George Mason University, and specializes in Constitutional Law,...
  • Rethinking Original Intent

    03/17/2009 7:04:46 AM PDT · by marktwain · 8 replies · 606+ views
    Wall St. Journal ^ | Jess Bravin
    After the Supreme Court struck down the District of Columbia's handgun ban last June, gun-rights advocates trained their sights on similar restrictions in Chicago and Oak Park, Ill. Last month, the National Rifle Association received ammunition from an unlikely source: the Constitutional Accountability Center, a liberal litigation shop. In a brief filed with the federal appeals court in Chicago, the center not only argued that gun ownership is a constitutional right, it also employed the legal method popularized by such conservative icons as Supreme Court Justice Antonin Scalia. That method is originalism, which seeks to apply the law today according...
  • Handgun's Color Leads to Lawsuit

    03/11/2009 7:29:52 AM PDT · by AmericanHunter · 15 replies · 996+ views
    Washington Post ^ | 3-10-09 | Martin Weil
    A D.C. woman filed suit in U.S. District Court yesterday, claiming that the city would not let her register a pistol because of its color. Tracey A. Hanson argued that her application to register a .45-caliber semiautomatic was denied because the gun is not on the California Safe Handgun Roster, which is the standard in the city. Hanson tried to register a two-tone, stainless steel/black pistol, according to the suit. But the list has that model in olive drab green, dark earth or black, not in two-tone, stainless/black, the suit asserts. Hanson said rejection for that reason "seemed so arbitrary."...
  • Handgun's Color Leads to Lawsuit (Alan Gura from D.C. v. Heller strikes again!)

    03/10/2009 8:06:23 PM PDT · by neverdem · 43 replies · 2,165+ views
    Washington Post ^ | March 10, 2009 | Martin Weil
    A D.C. woman filed suit in U.S. District Court yesterday, claiming that the city would not let her register a pistol because of its color. Tracey A. Hanson argued that her application to register a .45-caliber semiautomatic was denied because the gun is not on the California Safe Handgun Roster, which is the standard in the city. Hanson tried to register a two-tone, stainless steel/black pistol, according to the suit. But the list has that model in olive drab green, dark earth or black, not in two-tone, stainless/black, the suit asserts...
  • SAF Challenges D.C. Handgun Ban Scheme

    03/10/2009 4:40:45 AM PDT · by marktwain · 7 replies · 634+ views
    BELLEVUE, Wash., March 9 /PRNewswire-USNewswire/ -- The Second Amendment Foundation and three Washington, D.C. residents today filed a lawsuit challenging a regulation by District of Columbia city government that arbitrarily bans handguns based on a roster of "acceptable" handguns approved by the State of California. The District is using this list despite a ruling by the U.S. Supreme Court last summer that protects handguns that ordinary people traditionally use for self-defense. This scheme could eventually bar the ownership of any new handguns. Attorney Alan Gura, representing the plaintiffs in this case, noted that District bureaucrats "told Tracy Ambeau Hanson her...
  • D.C. Rights, With a Bullet [Editors whine that D.C. rights includes 2nd Amendment]

    02/27/2009 3:26:30 AM PST · by JohnHuang2 · 13 replies · 616+ views
    Washington Post ^ | 2/27/09 | House editorial
    THE SENATE voted yesterday to give the people of Washington, D.C., a voting representative in Congress. It was a historic moment and should have been a moment for pure celebration. But both moment and measure were tarnished by a dangerous amendment that would strip D.C. officials of their rightful authority to regulate guns. Senators, perversely, offered the District a taste of democracy while at the same time not trusting it to run its own affairs.
  • U.S. Senate Votes to Uphold Second Amendment in Washington, D.C.

    02/26/2009 6:03:55 PM PST · by neverdem · 7 replies · 793+ views
    NRA - ILA ^ | February 26, 2009 | NA
    Fairfax, Va. The United States Senate has voted, with overwhelming bipartisan support, to adopt an amendment offered by Senator John Ensign (R-NV) that seeks to protect the Second Amendment rights of law-abiding citizens in the District of Columbia. The amendment, attached to S.160, the D.C. Voting Rights Act, will repeal restrictive gun control laws passed by the District of Columbias (D.C.) city council after the landmark D.C. v. Heller Supreme Court decision. The vote margin was 62-36. Todays vote brings us one step closer to restoring the Second Amendment freedom of law-abiding D.C. residents, said NRA-ILA Executive Director Chris...
  • U.S. Senate Votes to Uphold Second Amendment in Washington, D.C

    02/26/2009 5:43:58 PM PST · by wheelgun · 69 replies · 5,681+ views
    NRA-ILA ^ | 2-26-09
    U.S. Senate Votes to Uphold Second Amendment in Washington, D.C. Thursday, February 26, 2009 Fairfax, Va. - The United States Senate has voted, with overwhelming bipartisan support, to adopt an amendment offered by Senator John Ensign (R-NV) that seeks to protect the Second Amendment rights of law-abiding citizens in the District of Columbia. The amendment, attached to S.160, the D.C. Voting Rights Act, will repeal restrictive gun control laws passed by the District of Columbia's (D.C.) city council after the landmark D.C. v. Heller Supreme Court decision. The vote margin was 62-36. "Today's vote brings us one step closer to...
  • Heller team needs our help!!!

    02/26/2009 6:31:48 AM PST · by BCR #226 · 10 replies · 778+ views
    myself ^ | 02/26/09 | Myself
    Dick Heller and team will be filing against DC within the next week or so. This case will have direct implications for any ban on guns at all. As some of you may know, I've been helping the Heller Team however I can. But we can only do so much. Dick Heller and Dane VonBreichenruchardt are leading this fight but they can't do it alone. Fact of the matter is that they intend on running this case all the way to SCOTUS again and if successful, there will never be another ban on guns and there is a chance that...
  • Liberals Use Supreme Court Gun Case to Bolster Other Rights

    02/24/2009 8:00:09 AM PST · by gieriscm · 29 replies · 1,346+ views
    Legal Times ^ | 02/24/2009 | Tony Mauro
    The Supreme Court's 2008 ruling in D.C. v. Heller was a constitutional earthquake, breathing life into the Second Amendment as a guarantee of an individual right to bear arms. But the aftershock of that decision is beginning to transform the constitutional landscape well beyond gun rights, in ways that have liberals cheering and even joining hands with one-time adversaries like the National Rifle Association. In a follow-on case pending before the 7th U.S. Circuit Court of Appeals, a progressive legal group and liberal law professors including Yale Law School's Jack Balkin earlier this month joined gun-rights advocates in urging that...
  • No right to arms, no vote in Congress!

    02/24/2009 7:59:08 AM PST · by atomic_dog · 8 replies · 591+ views
    Examiner.com ^ | February 23, 2009 | Mike Stollenwerk
    According to the Washington Post, Congress is poised this week to pass legislation giving the District of Columbia a voting Representative in Congress. Kinda' funny that the DC Council urges Congress create a Constitutional right to Congressional representation out of thin air while thumbing its nose at the Supreme Court's Heller decision (regarding the enumerated Constitutional right to bear arms) by enacting onerous registration requirements and new bans on scary looking rifles and pistols not approved for sale in California. It's time Congress put its foot down and preempt the DC City Council on gun control. In almost every state,...