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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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Hollywood Fantasy v. Reality on Firearm Suppressors

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Oregon: Initiative Filed to Restrict Self-Defense

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On July 18th, Initiative Petition 40​ was filed in Oregon to restrict the Second Amendment rights of law abiding adults by imposing a broad, one-size-fits-all method of storing firearms.  This egregious attack on our freedoms uses virtually ...

Presidential Pretender Who Campaigned on Gun Control First to Call It Quits

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Monday, July 15, 2019

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On Monday, Eric Swalwell became the first of the many pretenders for the Democrat presidential nomination to bow (or perhaps slink) out of the race. The U.S. Congressman from California’s 15th District had tried to distinguish himself from ...

NRA Statement On Virginia Special Session

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Tuesday, July 9, 2019

NRA Statement On Virginia Special Session

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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.

Hawaii: Governor Ige Signs Anti-Gun Legislation

Wednesday, July 10, 2019

Hawaii: Governor Ige Signs Anti-Gun Legislation

On July 9th, Governor David Ige signed the final remaining anti-gun bill awaiting his consideration, Senate Bill 600. This comes on the heels of him signing Senate Bill 1466 on June 27th. 

California: Injunction Request to be Filed in Lawsuit Challenging California Ammo Law

Wednesday, July 3, 2019

California: Injunction Request to be Filed in Lawsuit Challenging California Ammo Law

CRPA, with the support of NRA, challenged the ammunition background check law in court months ago with the filing of the Rhode v. Becerra case. The lead plaintiff in the case is Olympic gold medalist shooter ...

California: City of San Diego Considers Gun Control Ordinance

Friday, July 12, 2019

California: City of San Diego Considers Gun Control Ordinance

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Monday, July 8, 2019

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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.