Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Court Dismisses "Heller II" Case: D.C. Gun Registration, <BR>"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 and gun and magazine bans should be subject to a "strict scrutiny" standard of review, under which they could survive only if they are justified by a compelling government interest, are narrowly tailored to achieve that interest, and are the least restrictive means of achieving that interest.

In support of that rejection, Urbina opined that in District of Columbia v. Heller (2008) the Supreme Court "did not explicitly hold that the Second Amendment right is a fundamental right," and he adopted the argument of dissenting Justices in that case, that the Court's upholding of a law prohibiting possession of firearms by felons implied that the Court did not consider that laws infringing the right of law-abiding Americans to keep and bear arms should be subject to a strict scrutiny standard of review.

Judge Urbina also rejected D.C.'s contention that its laws should be required to pass only a "reasonableness test," which would "require the court to uphold a law regulating firearms so long as the legislature had 'articulated proper reasons for acting, with meaningful supporting evidence,' and the measure did 'not interfere with the "core right" the Second Amendment protects by depriving the people of reasonable means to defend themselves in their homes.'"

Instead, Urbina purported to subject D.C.'s registration, gun ban, and magazine ban to an "intermediate scrutiny" level of review, in which he first considered whether those laws "implicate the core Second Amendment right" and, if they do, whether they are "substantially related to an important governmental interest."

Urbina agreed that D.C.'s firearm registration scheme implicates the "core Second Amendment right," which, based upon the Supreme Court's decision in District of Columbia v. Heller (2008), he described as the right to have a firearm at home for protection. But, he noted that the Court "suggested in Heller that such requirements [as registration] are not unconstitutional as a general matter," and he concluded that D.C. had adequately articulated a compelling governmental interest in promulgating its registration scheme.

Based upon the Supreme Court's statement in Heller, that machine guns might not fall within the scope of the Second Amendment because they are not commonly owned, and relying heavily on error-ridden testimony provided by D.C. and the Brady Campaign about the use of semi-automatic firearms in crime, Urbina concluded that D.C.'s "assault weapon" and "large" magazine bans do not infringe the right to have a firearm at home for protection.

Regrettably, Urbina uncritically accepted all of the "factual" claims in the committee report of the D.C. City Council and ignored hard evidence that "assault weapons" and "large" magazines are in "common use," the standard Heller adopted. As we have detailed in other Alerts, of course, such firearms and their standard magazines holding over 10 rounds are owned by millions of Americans and their numbers are rising rapidly with every week that passes.

Stay tuned. Word about whether Judge Urbina's decision will be appealed, or whether a legislative remedy will be sought in Congress, or both, will certainly be forthcoming.

TRENDING NOW
New “Watchlist” Sends Outspoken Academics into a Tailspin

News  

Friday, December 9, 2016

New “Watchlist” Sends Outspoken Academics into a Tailspin

A new “watchlist” is ruffling feathers in the academic community, with critics calling it “Orwellian,” “grotesque,” “an assault on academic freedom,” and even “the right’s new McCarythyism.”

Ohio: Important Self-Defense Bill Heads to Governor Kasich!

Friday, December 9, 2016

Ohio: Important Self-Defense Bill Heads to Governor Kasich!

Early this morning, Sub. Senate Bill 199, now including original language from Sub. House Bill 48, overwhelmingly passed the House and final concurrence in the Senate, despite the efforts of misguided anti-gun groups.  The bill will ...

Gun Control Group: Interest in Guns, Music Signals Intention to Murder

News  

Friday, December 9, 2016

Gun Control Group: Interest in Guns, Music Signals Intention to Murder

Sandy Hook Promise (SHP), an activist group out of Connecticut, has created a heart-tugging “public service announcement” that it hopes will capture the public’s imagination.  

Ohio: Contact your State Legislators Today in Support of Important Self-Defense Bill!

Thursday, December 8, 2016

Ohio: Contact your State Legislators Today in Support of Important Self-Defense Bill!

Today, Sub. Senate Bill 199 is expected to receive its final votes; however, anti-gun groups are actively trying to defeat this bill! It is important that you contact your state legislators TODAY and tell them that an ...

California: Bullet Button Guns Must be Purchased and Received by Dec 31st

Wednesday, November 30, 2016

California: Bullet Button Guns Must be Purchased and Received by Dec 31st

Recently the California Department of Justice Bureau of Firearms sent out a notice to California firearms dealers with information regarding the recently passed “assault weapon” legislation, SB880 and AB 1135.

Ohio Concealed Carry Bill Passes Assembly with Impressive Majority

News  

Friday, December 9, 2016

Ohio Concealed Carry Bill Passes Assembly with Impressive Majority

The National Rifle Association Institute for Legislative Action (NRA-ILA) applauds the Ohio General Assembly for its overwhelming support of legislation that expands the rights of concealed carry permit holders in the Buckeye state.

Corporate Lawyers Join Activists to Restrict Gun Rights

News  

Friday, December 9, 2016

Corporate Lawyers Join Activists to Restrict Gun Rights

This week, the New York Times announced that some of the nation’s largest law firms are forming a coalition with gun control advocates to provide tens of millions of dollars of free legal services to battle the ...

Gun Control Supporters Race to Embarrass Themselves Following OSU Stabbing Attack

News  

Thursday, December 1, 2016

Gun Control Supporters Race to Embarrass Themselves Following OSU Stabbing Attack

Guinness World Records may refuse to acknowledge feats pertaining to the lawful exercise of right to keep and bear arms, but how about a world record for most shameless attempt to politicize tragedy? The competition would ...

The Year of the Gun: Carry Permit, Sales Figures Explode in 2016

News  

Friday, December 9, 2016

The Year of the Gun: Carry Permit, Sales Figures Explode in 2016

The number of persons in the United States with concealed carry permits has reached an all-time high of close to 15 million. John R. Lott, Jr. of the Crime Prevention Research Center explains:

Ohio: Pro-Gun Bills Expected for Floor Votes Tomorrow

Tuesday, December 6, 2016

Ohio: Pro-Gun Bills Expected for Floor Votes Tomorrow

Today, both Senate Bill 199 and Sub. House Bill 48 had their final hearings.  Both bills are expected for consideration on the House and Senate floors as early as tomorrow.  Anti-gun groups are pushing misguided ...

MORE TRENDING +
LESS TRENDING -
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.