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Court of Appeals Declines to Rehear Heller III, Reinforces Pro-Gun Victory

Friday, February 26, 2016

Court of Appeals Declines to Rehear Heller III, Reinforces Pro-Gun Victory

Last year, we reported that a panel for the U.S. Court of Appeals for the District of Columbia held in the long-running follow-up to the original Heller case (known currently as Heller III), that certain provisions of D.C.’s firearm registration scheme violate the Second Amendment. These included D.C.’s handgun rationing rule, its requirement to renew firearm registrations every three years, a required test of “legal knowledge” for registration applicants, and the requirement that registration applicants present their firearms in person at police headquarters. As we noted at the time, however, the District still had options for further review of the decision.

Today, one of those options has been foreclosed, with the decision that the full appellate court will not rehear the panel’s ruling, leaving the initial ruling fully intact. While this development does not necessarily mean the legal wrangling in the case is over, it does reinforce a significant pro-gun victory the courts.

Interestingly, Cathy Lanier, Chief of D.C.’s Metropolitan Police Department and long-time collaborator in its anti-gun efforts, went off her usual script last fall when talking to Anderson Cooper on CBS’s 60 Minutes. To the shock of all concerned, Lanier provided the following advice on survival against an active shooter: “Your options are run, hide, or fight," she told Cooper. “If you're in a position to try and take the gunman down, to take the gunman out, it's the best option for saving lives before police can get there." She also noted that most deaths in these situations occur in the first 10 minutes, while even the fastest police response times can take up to seven minutes. While she didn’t explicitly encourage private residents to arm themselves (as her colleagues in law enforcement recently have been), her comments seem to underscore the legitimacy (and, indeed, the necessity) of self-defense 

Does this signal a change in course by the District in its antagonism toward the Second Amendment? Have the nearly eight years since the original Heller decision – which have shown no tendency by criminals to abide by D.C.’s registration law and no trend of law-abiding people turning into criminals after lawfully obtaining a gun – finally validated the pro-gun viewpoint? 

Don’t count on D.C.’s bureaucrats to think so. Shortly after Lanier spoke to Cooper, D.C. Mayor Muriel Bowser weighed in with her own opinion: “I don’t like guns,” she said to raucous applause at a news conference. Another D.C. official suggested that if residents felt a need to defend themselves, they should use baseball bats.

In Washington, D.C., that really says it all. The esthetics of the District’s elite trump empirical evidence concerning the safety and protections of its residents. That’s why your NRA continues to support pro-gun litigation in D.C., as well as the D.C. Second Amendment Enforcement Act, which would comprehensively reform D.C.’s gun control laws and prohibit future abuses by the D.C. Council. If change is going to happen, it won’t come from D.C. officials whose politics and ideology come before the lives of their constituents.

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Washington: Vague Carry Ban and Rehashed Mag Ban Introduced and Scheduled for Hearings Next Week

Thursday, January 21, 2021

Washington: Vague Carry Ban and Rehashed Mag Ban Introduced and Scheduled for Hearings Next Week

Next week, anti-gun legislation, Senate Bill 5078 and Senate Bill 5038, are scheduled for hearings in the Senate Law and Justice Committee. 

“Unity” President Vows to “Defeat” America’s Oldest and Largest Civil Rights Group

News  

Tuesday, January 19, 2021

“Unity” President Vows to “Defeat” America’s Oldest and Largest Civil Rights Group

Biden issued this “pledge” in a January 8 tweet that falsely tried to suggest the men and women of the NRA were somehow implicated in an infamous crime that was committed a decade ago by ...

Florida Alert! Gun Bills Filed in Florida - SO FAR

Friday, January 15, 2021

Florida Alert! Gun Bills Filed in Florida - SO FAR

As Legislators begin to file bills for the 2021 Florida Legislative Session, we are getting questions about various bills due to media reports on gun bills.  Below is a partial list of bills we will ...

President Trump’s Executive Order Expands LEOSA Carry Rights

News  

Thursday, January 21, 2021

President Trump’s Executive Order Expands LEOSA Carry Rights

On January 18th, President Trump signed an “Executive Order on Protecting Law Enforcement Officers, Judges, Prosecutors, And Their Families.” The order aims to provide for more federal law enforcement officers, prosecutors, and judges to be able to ...

Kansas: Permit Recognition Legislation to be Considered on Wednesday

Friday, January 22, 2021

Kansas: Permit Recognition Legislation to be Considered on Wednesday

On Wednesday, January 27, the House Committee on Federal and State Affairs is scheduled to consider permit recognition legislation, House Bill 2059. 

ATF Withdraws Pistol Brace “Guidance”

News  

Wednesday, December 23, 2020

ATF Withdraws Pistol Brace “Guidance”

On December 23rd, ATF posted a document to its website indicating that its recently published Objective Factors for Classifying Weapons with “Stabilizing Braces” is withdrawn.

Utah: House Judiciary Committee Passes Permitless Carry Legislation!

Saturday, January 23, 2021

Utah: House Judiciary Committee Passes Permitless Carry Legislation!

On January 22nd, the Utah House Judiciary Committee passed House Bill 60 on an 8 - 3 vote. 

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.

Record Amount of Gun Control Legislation Introduced on First Day of Bill Pre-Filing for 2021 Texas Legislative Session

Tuesday, November 10, 2020

Record Amount of Gun Control Legislation Introduced on First Day of Bill Pre-Filing for 2021 Texas Legislative Session

Although the 2021 session of the Texas Legislature convenes on January 12, gun control advocates financed by New York billionaire Michael Bloomberg and Beto "Hell Yeah, I'll Take Your Guns" O'Rourke wasted no time in announcing their ...

Biden to Nominate Anti-Second Amendment Judge Merrick Garland for Attorney General

News  

Thursday, January 7, 2021

Biden to Nominate Anti-Second Amendment Judge Merrick Garland for Attorney General

President-elect Joe Biden announced he will nominate U.S. Court of Appeals for the District of Columbia Circuit Judge Merrick Garland for Attorney General. Biden’s choice of a noted Second Amendment opponent to lead the Department ...

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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.