Explore The NRA Universe Of Websites

APPEARS IN Second Amendment

A Year after <i>Heller</i>, Second Amendment Cases Move Fast

Wednesday, August 26, 2009

A Year after Heller, Second Amendment Cases Move Fast

As this issue goes to press, we’ve just celebrated the one-year anniversary of the Supreme Court decision in District of Columbia v. Heller, which firmly established that the Second Amendment protects an individual right to arms. Now, a host of follow-up cases are moving fast, nearly guaranteeing prompt review of key issues related to that right. Here are some of the highlights.

In June, the U.S. Court of Appeals for the 7th Circuit decided the case of NRA v. City of Chicago (consolidated for appeal with a companion case) and rejected challenges to handgun bans in Chicago and Oak Park, Ill. The cases sought to apply the Second Amendment to the states via the 14th Amendment. The Chicago cases and a New York case in the 2nd Circuit (Maloney v. Cuomo, which involves New York state’s ban on possession of “nunchaku,” an Asian martial arts weapon) wrongly followed post-Civil War precedent that refused to apply any provisions of the Bill of Rights directly to the states. 

By doing that, the 7th and 2nd Circuits failed to conduct the type of 14th Amendment analysis that the Heller opinion said is “required” by later cases. This creates a split between those circuits’ decisions and the 9th Circuit ruling in Nordyke v. King (see “ILA Report,” July 2009). The NRA and other Chicago plaintiffs, as well as the plaintiff in the Maloney case, have all filed appeals to the Supreme Court, and it’s very likely the Supreme Court will agree this fall to hear one or more of those cases.

Meanwhile, Washington D.C.’s city government keeps moving the goalposts on those who want the city to comply with the Heller decision. (See “Lawyers Take Aim,” March 2009.)  In an NRA-supported case, Dick Heller and other plaintiffs are challenging the District’s burdensome gun registration requirements and its California-style ban on common semi-automatic firearms. 

Both the NRA case and a companion case also attacked the District’s use of the California handgun “roster”--a government-approved list that effectively bans the sale of non-listed handguns in California. Under the District’s version of this scheme, guns that can’t be sold in California also can’t be possessed in D.C. This means D.C. residents can’t possess certain guns just because manufacturers discontinued them before the California roster existed, or because a manufacturer got a black-finished pistol listed on the roster, but not an identical model with a two-tone finish.

Now, the District has issued “emergency” regulations that add guns on the Maryland and Massachusetts handgun rosters to its “approved” list, along with mechanically identical models and all pre-1985 handguns. This move is obviously intended to shut out the roster lawsuits. Even if the ploy is successful, the challenges to other parts of D.C.’s gun laws may survive; watch for more coverage of this and other Second Amendment cases in these pages, and at www.NRAILA.org.

TRENDING NOW
California: DOJ Issues “Notice of Modification” to Proposed Ammunition Background Check Regulations

Thursday, April 18, 2019

California: DOJ Issues “Notice of Modification” to Proposed Ammunition Background Check Regulations

Today, the California Department of Justice issued a “Notice of Modification” to their proposed regulations regarding the soon to be implemented ammunition background check procedures. As a result of these changes, a second 15-day public ...

Heeee’s Baaack: Bill Clinton Peddles Gun Control on a Wish and a Lie

News  

Friday, April 19, 2019

Heeee’s Baaack: Bill Clinton Peddles Gun Control on a Wish and a Lie

Proving there is no statute of limitations on political opportunism, this week former President Bill Clinton used the occasion of the twentieth anniversary of the tragic school shooting in Littleton, Colo. to pen an op-ed pushing ...

Maine: Firearm Seizure Bill Heads To Judiciary Committee

Wednesday, April 17, 2019

Maine: Firearm Seizure Bill Heads To Judiciary Committee

On April 22nd, the Maine Judiciary Committee will hold a hearing on Legislative Document 1312, which would allow for firearms to be seized and Second Amendment rights to be suspended without due process. 

Media Continues to Cause Distorted Fear of School Violence

News  

Friday, April 19, 2019

Media Continues to Cause Distorted Fear of School Violence

When it comes to the wellbeing of today’s youth, one would think that all could agree that provoking unnecessary fear should be avoided. That apparently is not the case, however, when it comes to pushing ...

New York Times Admits Privately-Funded “Gun Violence” Research is a Thing

News  

Friday, April 19, 2019

New York Times Admits Privately-Funded “Gun Violence” Research is a Thing

The New York Times – the “paper of record” – reports that “Gun Research is Suddenly Hot.” While we’re happy to see the Times has finally acknowledged that “gun research” can survive federal restrictions on taxpayer funded gun control ...

Texas: House Passes Evacuation Carry Bill

Thursday, April 18, 2019

Texas: House Passes Evacuation Carry Bill

On Thursday, the Texas House gave final approval to House Bill 1177 by a vote of 102-29.

Pittsburgh Residents Seek Preliminary Injunction Against Ban on Standard Capacity Magazines

News  

Wednesday, April 17, 2019

Pittsburgh Residents Seek Preliminary Injunction Against Ban on Standard Capacity Magazines

With support from the NRA, gun owners challenging Pittsburgh’s ban on publicly carrying loaded magazines capable of holding more than 10 rounds filed a motion today seeking a preliminary injunction. If the motion is granted, ...

NRA Statement on New York City&#39;s Desperate Attempt to Avoid Supreme Court Review

News  

Friday, April 12, 2019

NRA Statement on New York City's Desperate Attempt to Avoid Supreme Court Review

NRA reacts to New York City's attempt to avoid having the NRA-supported Supreme Court case N.Y. State Rifle & Pistol Association, et al. v. City of N.Y., et al heard in DC. 

California: Legislature Returns from Spring Break

Sunday, April 21, 2019

California: Legislature Returns from Spring Break

The California Legislature returns from spring recess this week and seven different committees are considering bills that could impact your rights. 

President Donald J. Trump will  Address NRA Members at the 148th NRA Annual Meetings and Exhibits in Indianapolis, Indiana

News  

Friday, April 5, 2019

President Donald J. Trump will Address NRA Members at the 148th NRA Annual Meetings and Exhibits in Indianapolis, Indiana

FAIRFAX, Va.— President Donald Trump will address NRA members at the NRA Institute for Legislative Action (NRA-ILA) Leadership Forum on Friday, April 26, 2019 in Indianapolis, Indiana. This is the third consecutive year that President Trump will deliver the keynote address at the NRA-ILA ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.