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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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Justice Scalia Made Clear the Second Amendment and Heller Prohibit “Assault Weapon” Bans

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Second Amendment  

Gun Laws  

Friday, July 13, 2018

Justice Scalia Made Clear the Second Amendment and Heller Prohibit “Assault Weapon” Bans

On July 9, Sen. Chris Murphy (D-Conn.) offered the following ham-handed statement in an attempted attack on President Donald Trump’s U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh. Brett Kavanaugh is a true Second Amendment radical. ...

Anti-gun Efforts to Expand U.N. Regulations to Ammunition Continue

News  

Friday, July 6, 2018

Anti-gun Efforts to Expand U.N. Regulations to Ammunition Continue

Shortly before 4:00am last Saturday morning, the two week long Third Review Conference (RevCon3) on the Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons in All ...

Delaware: Governor Signs Bill Legalizing Sunday Deer Hunting

Hunting  

Friday, July 13, 2018

Delaware: Governor Signs Bill Legalizing Sunday Deer Hunting

On July 11th, Governor John Carney signed Senate Bill 198 into law to expand hunting opportunities in Delaware by eliminating the prohibition against hunting for deer on Sundays and allowing for the harvesting of deer on Sundays ...

California DOJ Withdraws Proposed Regulations Expanding Application of “Assault Weapon” Definitions

Wednesday, July 11, 2018

California DOJ Withdraws Proposed Regulations Expanding Application of “Assault Weapon” Definitions

On Monday, the California Department of Justice, Bureau of Firearms (“CA DOJ”) officially withdrew the proposed regulations that would have expanded the improperly adopted “assault weapon” definitions, to apply in all circumstances. This withdrawal comes ...

NRA Files Comments in Support of Trump Administration’s Export Reform Effort

News  

Friday, July 13, 2018

NRA Files Comments in Support of Trump Administration’s Export Reform Effort

On Monday, the public comment period closed on a pair of rulemakings that could finally free American gun owners and small businesses from being trapped in a minefield of federal regulations designed for exporters of ...

Judge Brett Kavanaugh Has Earned NRA Members’ Support

News  

Friday, July 13, 2018

Judge Brett Kavanaugh Has Earned NRA Members’ Support

NRA members can feel confident throwing their enthusiastic support behind President Donald Trump’s nomination of Judge Brett Kavanaugh to the U.S. Supreme Court. Throughout his time on the bench, Judge Kavanaugh has demonstrated deep respect ...

California: MASSIVE Data Breach and Significant Registration Problems with CA DOJ’s “Assault Weapon” Registration System

Saturday, July 7, 2018

California: MASSIVE Data Breach and Significant Registration Problems with CA DOJ’s “Assault Weapon” Registration System

Following the closure of the “assault weapon” registration period, NRA and CRPA received complaints from hundreds of individuals who were unable to register their firearms as required because CA DOJ’s online application system was unable ...

Mission Impossible: California Court Upholds Microstamping Law

News  

Tuesday, July 3, 2018

Mission Impossible: California Court Upholds Microstamping Law

It is not surprising that gun control activists who harp endlessly about “common sense” gun restrictions and the need for ever more legislative reforms (here, here and here, for example) aren’t particularly interested in whether the various bans and ...

NRA Applauds Brett Kavanaugh's Nomination to the U.S. Supreme Court

News  

Monday, July 9, 2018

NRA Applauds Brett Kavanaugh's Nomination to the U.S. Supreme Court

Fairfax, Va. -The National Rifle Association (NRA) applauds the nomination of Judge Brett Kavanaugh to fill Justice Anthony Kennedy’s seat on the United States Supreme Court. 

Too Young or Too Old... To Own a Gun?

News  

Friday, July 6, 2018

Too Young or Too Old... To Own a Gun?

A common theme among anti-gun extremists is what we often refer to as the “Goldilocks” approach to limiting access to firearms by law-abiding citizens.  Rather than admit that the ultimate goal is to disarm all ...

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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.