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
Gun Control May be Wasting Away, But Not Because of COVID

News  

Monday, October 19, 2020

Gun Control May be Wasting Away, But Not Because of COVID

A recent article on a gun control news site laments that the COVID-19 pandemic has thwarted ballot initiatives to expand gun bans and restrictions. Initiatives in Florida, Oklahoma, Ohio and Oregon have stalled, allegedly due to the ...

Anti-gun Politicians Seek to Tax Your Second Amendment Rights Into Oblivion

News  

Tuesday, September 8, 2020

Anti-gun Politicians Seek to Tax Your Second Amendment Rights Into Oblivion

In 1819, Chief Justice John Marshall of the U.S. Supreme Court famously wrote:  “the power to tax involves the power to destroy ….”

Anti-Gun Organization Prepared to Launch National Group of Gun Owners Who Apparently Don’t Like Guns

News  

Monday, October 19, 2020

Anti-Gun Organization Prepared to Launch National Group of Gun Owners Who Apparently Don’t Like Guns

Yes, that title doesn’t make much sense, but neither does a group that promotes banning firearms starting a national organization called Gun Owners for Safety. Nonetheless, The Hill recently reported that the anti-gun group Giffords is doing just ...

Law Professors Make Case for Second Amendment Rights in Uncertain Times

News  

Monday, October 19, 2020

Law Professors Make Case for Second Amendment Rights in Uncertain Times

Americans have made clear that they value their Second Amendment rights, especially during uncertain times. Faced with the COVID-19 pandemic and then widespread civil unrest, Americans have bought firearms in record numbers. Through September, the FBI ...

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.

Montana: Californian-funded Fake Hunting Group Lies About Steve Bullock’s Anti-gun Record

News  

Monday, October 12, 2020

Montana: Californian-funded Fake Hunting Group Lies About Steve Bullock’s Anti-gun Record

Montana gun owners have been subjected to an abundance of lies this election season. Leading the misinformation campaign is fake hunting group Montana Hunters & Anglers Leadership Fund. Bankrolled by a wealthy San Francisco Bay ...

NRA Victory in Washington

Tuesday, October 20, 2020

NRA Victory in Washington

It’s rare that gun owners have something to celebrate in the Emerald City. But on Monday, the Washington Court of Appeals ruled in favor of an NRA suit on behalf of Seattle gun owners. 

Joe Biden Told Voters the Second Amendment DOES NOT Protect an Individual Right

News  

Monday, September 21, 2020

Joe Biden Told Voters the Second Amendment DOES NOT Protect an Individual Right

During a September 2019 “townhall” hosted by New Hampshire ABC affiliate WMUR, Democratic presidential candidate Joe Biden made clear that he does not believe the Second Amendment protects an individual right to keep and bear arms and ...

Gun Controllers Try to Hide Joe Biden’s Anti-gun Extremism

News  

Monday, September 14, 2020

Gun Controllers Try to Hide Joe Biden’s Anti-gun Extremism

With Fall 2020 upon us it is time again for gun control advocates’ quadrennial tradition – dishonestly attempting to convince voters that a brazenly anti-gun presidential ticket does not pose a threat to gun owners. ...

Biden Focuses Prohibitory Ambitions on “Gun Parts,” Among (Many, Many) Other Gun Control Items

News  

Monday, October 5, 2020

Biden Focuses Prohibitory Ambitions on “Gun Parts,” Among (Many, Many) Other Gun Control Items

Ever since he clinched the Democrat presidential nomination, we have been warning America’s gun owners that Joe Biden is no “moderate” when it comes to gun control. Simply scrolling through the extensive gun control agenda published on his official campaign website ...

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.