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
DHS “Misinformation Governance Board” Could Seek to Sway Gun Debate

News  

Monday, May 16, 2022

DHS “Misinformation Governance Board” Could Seek to Sway Gun Debate

In late April, Alejandro Mayorkas, Secretary of the Department of Homeland Security (DHS), made a bizarre announcement during a congressional hearing that DHS was forming what it called a “Mis- and Disinformation Governance Board.” The statement came ...

Follow the Science, Unless it Leads Where You Don’t Want to Go

News  

Monday, May 16, 2022

Follow the Science, Unless it Leads Where You Don’t Want to Go

Researchers in California have published the results of a study evaluating the effectiveness of so-called “gun violence restraining orders” (a.k.a. “extreme risk protection orders” or “red flag” orders). Assembly Bill 1014, was enacted in California in ...

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

News  

Friday, April 1, 2022

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

Half the country will now enjoy the freedom to carry a handgun for self-defense without a permit from the state thanks to the tireless efforts of men and women of the National Rifle Association. 

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Illinois: General Assembly Passes “Ghost Gun” Ban

Monday, April 11, 2022

Illinois: General Assembly Passes “Ghost Gun” Ban

On Friday, the House Judiciary Committee held a subject matter hearing on House Bill 4383 Senate Floor Amendment 2, to ban individuals from making their own firearms for personal use, and voted to advance the measure. ...

New Jersey: “Mandatory Jail” Bill Scheduled for Senate Hearing Thursday

Wednesday, May 18, 2022

New Jersey: “Mandatory Jail” Bill Scheduled for Senate Hearing Thursday

Tomorrow at 10:00 a.m., the Senate Law & Public Safety Committee is scheduled to consider S.513, legislation which would create a rebuttable presumption of no bail for gun offenses.

NRA-ILA Spring 2022 Litigation Newsletter

News  

Friday, May 13, 2022

NRA-ILA Spring 2022 Litigation Newsletter

NRA-ILA’s Office of Litigation Counsel has been busy fighting for our members’ rights in courtrooms across the country. ILA has filed new cases, continued the fight in many existing cases, and scored some good wins. ...

Georgia: Gov. Kemp Signs Constitutional Carry

Tuesday, April 12, 2022

Georgia: Gov. Kemp Signs Constitutional Carry

Today, Governor Brian Kemp signed Senate Bill 319, constitutional carry, into law. Georgia is now the 25th constitutional carry state, and the fourth to join that group in 2022. Half of the country now recognizes the right ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Monday, June 30, 2014

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

President Donald J. Trump to Address NRA Members at the 2022 NRA Annual Meetings and Exhibits in Houston, Texas

News  

Thursday, May 12, 2022

President Donald J. Trump to Address NRA Members at the 2022 NRA Annual Meetings and Exhibits in Houston, Texas

Former President Donald J. Trump will headline the 2022 NRA-ILA Leadership Forum on May 27, at the George R. Brown Convention Center in Houston.

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.