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Keyword: heller

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  • Gun Controllers Need Not Fear 'Intermediate Scrutiny'

    04/08/2010 4:56:34 AM PDT · by marktwain · 15 replies · 746+ views
    Reason ^ | 7 April, 2010 | Jacob Sullum
    This news is a couple of weeks old, but I don't think anyone here has discussed it yet: Last month a federal judge upheld the firearm regulations that Washington, D.C., enacted after the Supreme Court overturned its gun ban in the 2008 case D.C. v. Heller. Dick Heller, the lead plaintiff in the Supreme Court case, challenged the new rules, arguing that D.C.'s onerous gun registration requirements, its ban on "assault weapons," and its prohibition of magazines holding more than 10 rounds violate the Second Amendment. U.S. District Judge Richard Urbina disagreed, saying all of the regulations are "substantially related...
  • Next Challenge to Gun Laws Headed to D.C. Circuit

    04/05/2010 11:40:26 AM PDT · by neverdem · 5 replies · 678+ views
    The National Law Journal ^ | 04-05-2010 | David Ingram
    A federal appeals court in Washington, D.C., will have the chance to examine the latest version of the District of Columbia's gun restrictions, in a possible test of how to apply the U.S. Supreme Court's 2008 decision in D.C. v. Heller. Lawyers for Dick Heller, a name party in the earlier case, filed a notice Thursday that they will continue fighting in this follow-up case. They are appealing to the U.S. Court of Appeals for the D.C. Circuit to reverse a March 26 decision by U.S. District Judge Ricardo Urbina. That ruling upheld new restrictions the D.C. Council passed in...
  • Heller’s Offspring: A Look at the New Generation of Gun-Control Suits

    03/31/2010 4:55:12 AM PDT · by marktwain · 1 replies · 305+ views ^ | 30 March, 2010 | Vanessa O'Connell
    These are the offspring of Heller: A woman contends her small stature makes her an appealing target for criminals but says she was turned down for a concealed-carry handgun permit by the Sacramento County sheriff. A Californian man, born without an arm below the right elbow, argues that the state’s roster of “approved” handguns precludes him from being able to buy a left-handed Glock. An American man who now lives in Canada would like to purchase guns in the U.S. to store at his relatives’ home in Mount Vernon, Ohio, to use for sporting and self-defense. All are now plaintiffs...
  • Court Dismisses "Heller II" Case: D.C. Gun Registration, "Assault Weapon" Ban, and "Large"...

    03/30/2010 10:01:19 PM PDT · by neverdem · 29 replies · 1,699+ views
    NRA - ILA ^ | March 26, 2010 | NA
    ·11250 Waples Mill Road ·   Fairfax, Virginia 22030    ·800-392-8683   Court Dismisses "Heller II" Case: D.C. Gun Registration, "Assault Weapon" Ban, and "Large" Magazine Ban Upheld   Friday, March 26, 2010   Today, District Judge Ricardo M. Urbina, of the U.S. District Court for the District of Columbia, dismissed Heller v. District of Columbia, NRA's case challenging D.C.'s prohibitive firearm registration requirements, and its bans on "assault weapons" and "large capacity ammunition feeding devices." Mr. Heller was, of course, lead plaintiff in District of Columbia v. Heller, decided by the Supreme Court in 2008.Judge Urbina rejected Heller's assertion that D.C.'s registration...
  • Federal Judge Upholds D.C.'s Post-'Heller' Firearm Restrictions

    03/29/2010 10:21:45 AM PDT · by greatdefender · 23 replies · 1,508+ views
    The National Law Journa ^ | March 29, 2010 | Tony Mauro
    Judge Ricardo Urbina of the U.S. District Court for the District of Columbia ruled Friday that the Washington, 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, the same plaintiff who challenged the previous D.C. ordinance in the Supreme Court. Heller challenged the District's firearms registration process, its ban on assault weapons and its prohibition of "large capacity ammunition feeding devices," claiming they violated the Second...
  • New D.C. gun laws upheld

    03/28/2010 6:30:57 AM PDT · by marktwain · 28 replies · 845+ views
    SCOTUSblog ^ | 26 March, 2010 | Lyle Denniston
    A federal judge in Washington, applying the Supreme Court’s 2008 decision creating a constitutional right to have a gun, ruled on Friday that three new gun control restrictions in the Nation’s capital city survive a Second Amendment challenge. In the ruling by U.S. District Judge Ricardo M. Urbina, the District of Columbia government’s laws requiring that guns be registered and banning assault weapons and large-capacity bullet-feeding devices are valid. The case is Heller, et al., v. District of Columbia (District Court docket 08-1289); the opinion can be found here. (The lead individual in the case, government security guard Dick Anthony...
  • SJC backs trigger-lock law on guns in homes

    03/11/2010 12:21:32 PM PST · by neverdem · 64 replies · 1,748+ views
    Boston Globe ^ | March 11, 2010 | John R. Ellement and Martin Finucane
    In a case that drew attention from the Gun Owners Action League and the Brady Center to Prevent Gun Violence, the Supreme Judicial Court yesterday upheld a state law requiring trigger locks on guns kept in people’s homes. In what was seen by some as a victory for law enforcement and advocates of gun control, the state’s highest court ruled that the Second Amendment does not restrict the right of Massachusetts to impose its own rules on gun ownership. “We conclude that the legal obligation safely to secure firearms in [state law] is not unconstitutional,’’ Justice Ralph Gants wrote for...
  • 'Right To Bear Arms' Means Just That

    03/03/2010 4:48:00 PM PST · by Kaslin · 52 replies · 1,891+ views ^ | March 3, 2010 | INVESTORS BUSINESS DAILY Staff
    Otis McDonald, 76, stands before the Supreme Court, which Tuesday heard arguments in his suit to overturn Chicago's handgun ban Gun Rights: Otis McDonald, 76, an Army vet who lives in a high-crime area of Chicago, thinks the Constitution gives him the right to bear arms to protect himself and his wife as he protected his country. We think so too. On Tuesday, the Supreme Court heard arguments on behalf of four Chicago residents led by homeowner McDonald, the Second Amendment Foundation and the Illinois State Rifle Association to overturn Chicago's three-decade-old ban on owning handguns. In a 5-4...
  • EDITORIAL: Learning from the D.C. handgun ban--Getting rid of gun bans leads to less crime

    03/02/2010 11:48:55 AM PST · by jazusamo · 19 replies · 992+ views
    The Washington Times ^ | March 2, 2010 | Editorial
    The year after the Supreme Court struck down the District of Columbia's handgun ban and gun-lock requirements, the capital city's murder rate plummeted 25 percent. The high court should keep that in mind today as it hears oral arguments about a Chicago handgun ban. Gun controllers screamed to high heaven that impending disaster would follow the court's decision to junk some of the district's gun controls. One of those screaming the loudest was Chicago Mayor Richard M. Daley, who incorrectly predicted more gun freedom would lead to more death and Wild West shootouts. Instead, in Washington, murder rates rose when...
  • Safer Streets 2010: The L.A. Times gets an 'A'.

    03/02/2010 4:07:24 AM PST · by marktwain · 434+ views
    LA Gun Rights Examiner ^ | 1 March, 2010 | John Longenecker
    Go to the head of the class. Wow, what a piece this time. This week's gun ban case McDonald v. Chicago will be, as I pointed out last week, a case where self-rule itself is on trial. Last week, I said, at its heart, McDonald is about self-rule v. city rule. Today's Los Angeles Times has an Op-Ed piece A Bill of rights battle. It's a headline aptly named. The editorial board writes, "For us the choice is clear: The Bill of Rights should apply to the whole country." Agreed. But it is the last line that says it all...
  • Justice Ginsburg: "Future Wiser" Court may eventually overrule Heller.

    12/20/2009 4:03:09 PM PST · by freedomwarrior998 · 103 replies · 4,214+ views
    Volokh Conspiracy ^ | 12-20-2009 | David Kopel
    On Thursday, Dec. 17, Justice Ginsburg spoke at a luncheon of the Harvard Club of Washington, D.C. I was not present at the luncheon, but I have heard, third-hand, that she spoke on the value of dissenting opinions. She said that sometimes a dissent can become the majority of a “future, wiser court.” As an example, she pointed to the dissent in District of Columbia v. Heller.
  • Court: Criminal Record May Not Prevent Gun Ownership (Lautenberg Amendment)

    11/22/2009 10:06:10 PM PST · by The Magical Mischief Tour · 54 replies · 1,947+ views
    CBS ^ | 11/19/2009 | CBS
    A federal appeals court has overturned the conviction of a Wisconsin man barred from owning firearms because of his criminal record, ruling the lifetime prohibition may violate Americans' Second Amendment rights and calling into question the future of a 13-year old gun control law. In a 3-0 decision on Wednesday, the Seventh Circuit Court of Appeals ordered a trial judge to take a second look at the evidence that a 1996 federal law prohibiting anyone convicted of a "misdemeanor crime of domestic violence" is constitutional in light of a U.S. Supreme Court ruling last year that emphasized "the individual right...
  • Heller Counsel Argues for an Originalist Revolution

    11/18/2009 3:59:14 AM PST · by marktwain · 2 replies · 452+ views ^ | 17 November 2009 | Ilya Shapiro
    Alan Gura, who successfully defended the individual right to keep and bear arms under Second Amendment in District of Columbia v. Heller has now filed his brief in the case that seeks to apply that right to the states, McDonald v. City of Chicago. (Cato earlier filed a brief supporting Alan’s cert petition, the background to which you can read about here.) The question presented in this case is: Whether the Second Amendment right to keep and bear arms is incorporated as against the States by the Fourteenth Amendment’s Privileges or Immunities or Due Process Clauses. Remarkably, only 7 of...
  • Experts square off on 'right to bear arms' (including Alan Gura from D.C. v. Heller)

    11/17/2009 10:38:27 AM PST · by neverdem · 33 replies · 2,315+ views
    Winston-Salem Journal ^ | November 17, 2009 | Michael Hewlett
    Application of Second Amendment to be decided by Supreme Court Journal Photo by Lauren Carroll Lawyer Alan Gura says that owning semi-automatic guns is constitutional. The man who successfully challenged a prohibition against handguns in the District of Columbia before the Supreme Court said last night during a local debate about the Second Amendment that some states have gone too far. That's what happened in the District of Columbia, which required that firearms either be equipped with trigger locks or kept disassembled, said Alan Gura, a lawyer from Alexandria, Va., who argued the Supreme Court case. "If you have a...
  • Violence Policy Center worries that Supreme Court will heed the Constitution

    11/12/2009 4:35:26 AM PST · by marktwain · 3 replies · 523+ views
    St Louis Gun Rights Examiner ^ | 11 November, 2009 | Kurt Hoffman
    Much has been written (including some by myself and other Gun Rights Examiners--see links beneath the photo) about the impending McDonald v. City of Chicago case to be heard by the Supreme Court early next year. In this case, the Second Amendment Foundation and the Illinois State Rifle Association are challenging Chicago's handgun ban (the NRA also eventually became involved). Probably the biggest issue that will be decided here is whether or not the Second Amendment is to be incorporated by the Fourteenth Amendment, and thus apply to state and local governments, as well as to the feds. If SCOTUS...
  • Gun case heading to Mass. Supreme Court

    11/04/2009 1:15:54 PM PST · by neverdem · 20 replies · 1,334+ views
    The Lowell Sun ^ | 11/03/2009 | Lisa Redmond BOSTON -- As a Billerica gun case heads to the state's highest court next week, the Brady Center to Prevent Gun Violence, the International Brotherhood of Police Officers, Police Chiefs and other high-profile groups are urging the Supreme Judicial Court to reject the constitutional challenge to the state's safe firearm-storage law. The groups are joining with Middlesex District Attorney Gerard Leone, who is challenging a Lowell District Court judge's ruling that dismissed a gun-storage case against Richard Runyan, a Billerica man who kept an unlocked semiautomatic hunting rifle under his bed where it could be accessed by his teenage...
  • Maryland Judges Uphold State Anti-Handgun Law

    11/04/2009 11:53:26 AM PST · by neverdem · 36 replies · 1,639+ views ^ | November 3, 2009 | Declan McCullagh
    I've written recently about how courts in New Jersey and Illinois have concluded that the Second Amendment poses no obstacle to local governments enacting stringent anti-gun laws. Now a Maryland appeals court has followed suit. A three-judge panel ruled last Thursday that the Second Amendment does not interfere with a Maryland law that generally restricts state residents from carrying handguns. That's not much of a surprise. What is remarkable is that Judge Albert Matricciani went out of his way to write that even if the Second Amendment applied to state laws, Maryland's statute would be perfectly constitutional in the wake...
  • “Guns as Smut: Defending the Home-Bound Second Amendment”

    10/29/2009 4:49:23 AM PDT · by marktwain · 9 replies · 720+ views
    The Volokh Conspiracy ^ | 28 October, 2009 | Eugene Volokh
    That’s the title of a new article in the Columbia Law Review (the link is just to an abstract, since no PDF is available). The law review asked me whether I could write a commentary for its online supplement (the Sidebar), and I did, here, under the title The First and Second Amendments; the author’s response to my response is here. Here’s the text of my article (for the footnotes, see the version I link to above): I. The Supposed Analogy to Obscenity Analogies between the First Amendment and the Second (and comparable state constitutional protections) are over 200 years...
  • SJC to hear challenges to state gun laws brought by local defense attorney (MA)

    10/05/2009 7:17:06 PM PDT · by neverdem · 5 replies · 768+ views
    The Standard Times (New Bedford, MA) ^ | October 04, 2009 | Brian Fraga
    The Massachusetts Supreme Judicial Court is expected to decide whether a state law that requires residents to apply for gun licenses with their local police departments is unconstitutional. The challenge is being brought before the court by Paul W. Patten, a Fall River defense attorney who is representing Nathaniel DePina, 19, a New Bedford man serving a 2-year jail sentence after being convicted last year of illegally carrying a firearm. Patten is appealing DePina's conviction on the grounds that the state gun licensing statute is "vague and overbroad," inconsistent in application and violates an enumerated, fundamental right protected by the...
  • New Battle in the Gun War Heads to the Supreme Court

    10/05/2009 5:21:42 AM PDT · by marktwain · 32 replies · 1,564+ views
    ABCnews ^ | 4 October, 2009 | DAVID KERLEY, DENNIS POWELL and HUMA KHAN
    It was an image that shocked the country. Could a case headed for the Supreme Court overturn gun laws in Chicago? A 16-year-old honor student in Chicago being beaten to death by teenagers. Derrion Albert, a high school sophomore was caught in a mob fight as he was walking to a bus stop. Despite not being part of either of the gangs, he was punched, kicked and struck by a board. And just a week and a half after the fatal incident, as residents demand safer streets, Chicago faces a new battle -- this time over guns. On Monday, the...