Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

D.C. Court Upholds Controversial Gun Restrictions

Friday, October 7, 2011

This week, a divided federal appeals court upheld the District of Columbia's controversial ban on semi-automatic rifles and so-called "large capacity" magazines, but asked a lower court to reconsider certain aspects of its gun registration system.  

The 2-1 decision by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit leaves in place, for now, the regulations passed by the D.C. Council following the U.S. Supreme Court's landmark 2008 District of Columbia v. Heller case.  In the Heller case, the Court struck down the city's nearly three decades-old ban on handgun ownership and found that the Second Amendment protects an individual right.  The Court also concluded that D.C.'s City Council violated that right by enacting a 1976 ordinance that effectively banned handguns in the city. 

In the case ruled on this week, Dick Heller, the plaintiff in the original Heller case, had challenged the D.C. Council's new laws--which banned countless semi-automatic firearms and also banned magazines capable of holding more than 10 rounds, and imposed many new requirements for legal gun ownership--claiming the gun and magazine bans and burdensome registration requirements violated the intent of the Supreme Court's 2008 decision.  Heller's attorney, Stephen P. Halbrook, also argued that the District violated a 1906 congressional act that said the city could impose only "usual and reasonable" firearms rules.

In his majority opinion, Judge Douglas Ginsburg likened D.C.'s requirement to register handguns "to other common registration or licensing schemes…"  Judge Karen LeCraft Henderson joined Judge Ginsburg in the majority, while Judge Brett M. Kavanaugh issued a strongly worded and lengthy dissenting opinion expressing his view that the city's firearms rules violate the U.S. Constitution.  While the panel upheld the gun and magazine bans outright, it asked the trial court to reconsider some of the details of the registration requirements.

NRA-ILA supported this case and disagrees with the court's ruling.  NRA-ILA and the plaintiffs are considering all our options.  When it comes to self-defense, semi-automatic firearms of all types are an increasingly popular choice for Americans, and the court itself admitted that semi-automatics are in common use, with millions of these guns sold in recent years.  Law abiding residents of the District should have the same access to these tools as residents of nearly all of the 50 states and need to have their Second Amendment rights fully restored.

Stay tuned to future Grassroots Alerts for new developments.  If you would like to sign up for the NRA-ILA Legal Update, please click here.

TRENDING NOW
First, Carry No Gun: Police Chief Gets Inhospitable Reception at Texas Medical Clinic

News  

Friday, August 18, 2017

First, Carry No Gun: Police Chief Gets Inhospitable Reception at Texas Medical Clinic

We recently reported on claims that “gun safety advocates” in the Michigan Department of Health and Human Services have given a U.S. Marine Corps. veteran an untenable choice: custody of his grandson or his constitutional ...

Elizabeth Warren Urges Democrats to Champion Gun Control, Shut Down Debate

News  

Friday, August 18, 2017

Elizabeth Warren Urges Democrats to Champion Gun Control, Shut Down Debate

Just as many in the Democratic Party are seeking to moderate their message in order to once again compete as a national political party, some high-profile Democrats are urging the party to lurch further left ...

Oregon: Governor Signs Anti-Gun Bill into Law

Thursday, August 17, 2017

Oregon: Governor Signs Anti-Gun Bill into Law

Yesterday, Governor Kate Brown signed Senate Bill 719A.  Based on a California law enacted in 2014, SB 719A will create a so-called “Extreme Risk Protection Order” (ERPO) that could be obtained by a law enforcement ...

California: Ruling in NRA/CRPA Lawsuit Reigns in DOJ’s Misuse of DROS Fees

Friday, August 18, 2017

California: Ruling in NRA/CRPA Lawsuit Reigns in DOJ’s Misuse of DROS Fees

A California state court issued an important ruling in the NRA and CRPA supported case of Gentry v. Becerra, holding DOJ accountable for its historical mismanagement and misuse of DROS (dealer record of sale) account funds.

American Bar Association Continues to Attack Gun Owners, Due Process

News  

Second Amendment  

Friday, August 18, 2017

American Bar Association Continues to Attack Gun Owners, Due Process

The 2016 compilation of legislative policies of the ABA includes a raft of gun control proposals. In it, the ABA advocates for outmoded gun control measures, such as limits on the sale and possession of ...

Arizona Supreme Court Rebuffs Tucson’s Illegal Destruction of Firearms

News  

Thursday, August 17, 2017

Arizona Supreme Court Rebuffs Tucson’s Illegal Destruction of Firearms

On Thursday, the Arizona Supreme Court unanimously held that the state was within its authority to prohibit cities and counties from routinely destroying firearms obtained through forfeiture or as unclaimed property. State law holds that ...

Washington: Department of Labor & Industries Targeting Shooting Ranges

Thursday, August 17, 2017

Washington: Department of Labor & Industries Targeting Shooting Ranges

At the request of Public Health, Seattle & King County, the Washington Department of Labor and Industries has released a “first draft” of a new statewide regulatory scheme targeting lead and lead exposure in the workplace. ...

Justice Department Terminates and Repudiates Operation Choke Point

News  

Friday, August 18, 2017

Justice Department Terminates and Repudiates Operation Choke Point

Current Justice Department leadership and Boyd should be commended for their forceful statement on this matter. This unequivocal repudiation of Operation Choke Point should make a return to such political persecution unpalatable for all but ...

Trump Administration Ends Another Obama-era Anti-Gun Policy

News  

Friday, August 18, 2017

Trump Administration Ends Another Obama-era Anti-Gun Policy

Justice Department to End ‘Operation Choke Point’

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.

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.