Explore The NRA Universe Of Websites

APPEARS IN Second Amendment

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
Kentucky: Committee to Consider Firearm Seizures Without Due Process

Friday, November 15, 2019

Kentucky: Committee to Consider Firearm Seizures Without Due Process

On Friday, November 22nd, the Kentucky state Interim Joint Committee on Judiciary will consider so called “red-flag laws.” Though no legislation has been introduced, such laws usually allow for Second Amendment rights to be suspended ...

A New Candidate for Confiscator-in-Chief

News  

Monday, November 11, 2019

A New Candidate for Confiscator-in-Chief

Former Texas Congressman Robert Francis O’Rourke abandoned his run for President last week, once again leaving a void for the most strident anti-gun candidate seeking the Democrat nomination. Even before declaring his candidacy for President, ...

Strong Firearms Preemption Laws are More Important Than Ever

News  

Gun Laws  

Monday, November 11, 2019

Strong Firearms Preemption Laws are More Important Than Ever

Photo Courtesy of Jeremy Tremp In recent weeks, gun owners have been given two prime examples of just how important strong firearms preemption laws are to the vibrant exercise of Second Amendment rights. On October ...

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.

News  

Friday, June 27, 2008

Heller: The Supreme Decision

Leaders of the National Rifle Association (NRA) praised the Supreme Court’s historic ruling overturning Washington, D.C.’s ban on handguns and on self-defense in the home, in the case of District of Columbia v. Heller.

Wisconsin: Gov. Evers Calls for Firearm Confiscation &amp; Criminalizing Private Transfers

Friday, September 20, 2019

Wisconsin: Gov. Evers Calls for Firearm Confiscation & Criminalizing Private Transfers

On September 19th, Wisconsin Governor Tony Evers, Attorney General Josh Kaul, Representative Melissa Sargent (D-48), and Senator Lena Taylor (D-4) held a press conference calling on the Legislature to violate the Second Amendment by: 1) ...

National Hearing Conservation Association Supports Suppressors

News  

Monday, November 4, 2019

National Hearing Conservation Association Supports Suppressors

Photo Courtesy of Silencer Shop On October 28th, the National Hearing Conservation Association sent its new position paper on firearms suppressors to the American Suppressor Association. The paper, in short, recognizes the important role that ...

NRA Endorses Hyde-Smith for U.S. Senate

News  

Monday, August 13, 2018

NRA Endorses Hyde-Smith for U.S. Senate

FAIRFAX, Va. – The National Rifle Association Political Victory Fund (NRA-PVF) announced on Monday its endorsement of Cindy Hyde-Smith to represent Mississippi in the U.S. Senate. 

New Hampshire: Firearm Seizure Bill Headed to House Floor

Thursday, October 31, 2019

New Hampshire: Firearm Seizure Bill Headed to House Floor

On October 30th, the New Hampshire state Criminal Justice and Public Safety Committee sent House Bill 687 to the House floor for further consideration after a motion to kill the bill failed by a vote ...

NRA Statement on Walmart&#39;s Decision to Change Firearms Policy

News  

Tuesday, September 3, 2019

NRA Statement on Walmart's Decision to Change Firearms Policy

Fairfax, Va.— The National Rifle Association released the following statement today regarding Walmart's decision to change its firearms and ammunition policies:"The strongest defense of freedom has always been our free-market economy. It is shameful to see ...

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.