Heller II: Heller Harder

Back on July 18, I followed 2nd Amendment case plaintiff Dick Heller to the D.C. courts and watched him begin the laborious process of registering an old revolver. The chatter in the crowd, and among reporters, was how onerous D.C.'s laws still were, even after the city's gun ban was overturned. Ten days later, Heller has a solution.

Dick Heller, et al., filed a complaint (For Declaratory Judgment, Injunctive Relief, and Writ of Mandamus) against the city today to force them to comply with the US Supreme Court ruling in the District of Columbia v. Heller and to protect our individual rights such as the right to defend ourselves in our own homes. The current regulations violate our rights in several ways such as the unconstitutional ban on semiautomatic firearms, the discretionary fee-imposition power of the police chief, the undue burden on the right to a lawful firearm in the home operable for the purpose of immediate self-defense, and in other ways.

On June 26, 2008, the United States Supreme Court held in District of Columbia v. Heller, 128 S. Ct. 2783, 2821-22 (2008), that "the District's ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense."

The District's ban on semiautomatic handguns amounts to a prohibition of an entire class of arms that is overwhelmingly chosen by American society for the lawful purpose of self-defense in the home. Semiautomatic pistols are issued to and commonly possessed by officers of the Metropolitan Police Department for self-defense and other lawful purposes.

More from the A.P. here.

Comments

J sub D | July 28, 2008, 4:35pm | #

One step at a time. This will take decades.

The fact that none of the disasters predicted where states/localities have liberalized gun laws have come to pass, will not deter the gun grabbers.

Decades.

Jake Boone | July 28, 2008, 4:35pm | #

More Less from the A.P. here.

FIFY. Seriously, there's a tiny little nothing of an article behind that link.

JW | July 28, 2008, 4:44pm | #

One step at a time.

And then 2 back.

Dance, monkey boy! Dance!

Paul | July 28, 2008, 5:02pm | #

Writ of Mandamus

W00t! I haven't heard that term since the city of Seattle erroneously issued me a parking ticket. I'm all tingly.

Paul | July 28, 2008, 5:03pm | #

One step at a time. This will take decades.

Sadly, securing rights usually does.

Ska | July 28, 2008, 5:29pm | #

I hope someone in NYC can do the same. It's f'ing ridiculous the hoops you have to jump through.

DannyK | July 28, 2008, 5:31pm | #

Man, he's just trying to get his name on as many Supreme Court decisions as possible.

Joe Dokes | July 28, 2008, 5:47pm | #

This shouldn't have to go beyond a local federal judge. The Supreme Court laid down the basic principal that a citizen has a right to own a firearm to protect his life and property. While local jurisdictions can regulate the ownership of firearms to some degree they can't ban reasonable firearms.

By continuing to essentially ban handguns, the District of Columbia is violating the court order.

This violation should be handled at the district level.

Regards

Joe Dokes

Tom Walls | July 28, 2008, 6:21pm | #

According to the ridiculous DC law, anything you can stick a 12-round (or more) magazine in is a "machine gun."

The standard capacity for a .45 is 7 rounds, but they did make some experimental 50-round mags for commandos in WWII. Doesn't make it a g.d. machine gun!

Terry | July 28, 2008, 7:24pm | #

Guys and Gals, I've said it before and I'll say it again, it's time to call out the
LIBERTARIAN Militia, it's time....

I need help the some lyrics and tune, make a catchy song.
Seriously though, short of revolution and/or civil war, do you really think the government creeps will give up power voluntarily?

thoreau | July 28, 2008, 8:40pm | #

Terry,

Any luck so far in your sting operation?

Neb Okla | July 28, 2008, 11:01pm | #

Tom, standard capacity for my .45 is 12 rounds. If a person knows one thing about guns, they should know that they have benefitted from centuries of market competition resulting in seemingly endless permutations.

Some Jerk | July 29, 2008, 12:30am | #

Hey, Terry, I know I've asked about it before, but when do you want to get together and do some militia training?

You name the time and the place, and man, I'll like totally be there with my rifle.

swagcat | July 29, 2008, 4:24am | #

So when do the US. Martial service or The Army pay a vist ala the Civil Rights Movement to the South pays a visit?

Douglas Fletcher | July 29, 2008, 8:04am | #

Give em hell, Heller.

lysander | July 29, 2008, 8:55am | #

J sub D: "This will take decades."
You are absolutely correct. This was the intention of the court majority.
Further, lead attorney Mr. Alan Gura clearly stated that his argument was narrowly focused on getting a majority of the court to acknowlege the fundamental right of the individual to keep and bear arms. The rest will follow.

dhex | July 29, 2008, 9:21am | #

Heller II: I'll See You In Heller
Heller II: Come Heller or High Water
Heller II: The Hellening

Christopher Hoffman | July 29, 2008, 11:27am | #

We'll give 'em Heller we'll give 'em DICK

Brett | July 29, 2008, 1:30pm | #

"...The standard capacity for a .45 is 7 rounds..."

1911 pistols, yes. Others, no. This law eliminates many pistols with double-stacked magazines (e.g. the polymer framed pistols from Glock, Springfield, S&W, etc.) in every caliber including .45. A Glock 21 and its 13 round magazine is now a machine gun. Ridiculous.

Wendy Weinbaum | July 29, 2008, 1:53pm | #

Heil Heller! Aa Jewess in the US, I applaud Mr. Heller's follow-up lawsuit, and I would like to remind everyone that America wasn't won with a registered gun. And, that criminals are stopped by FIREARMS, not by talk. That is why all REAL Americans put our 2nd Amendment FIRST!

kevrob | July 29, 2008, 2:49pm | #

Many papers and other sites snip the heck out of AP articles. Here's the full version.

Heller IV Leather
Heller V: Go For It!
Heller Part 6

Kevrob

MikeO | July 31, 2008, 12:31pm | #

There is a lot in Heller I that we will arguing about for a long time.

Heller II will seek to clarify:

"absolute ban", "arbitrarily and
capriciously", "in common use at the time", "dangerous and unusual weapons",
"exception for self defense", "laws regulating the storage of firearms to prevent accidents", and "operable for the purpose of immediate
self-defense."

Then will come:

"within the home", "sensitive places", "conditions and qualifications on the commercial sale of arms"...

DC can keep this up for yrs, one unreasonable restriction at a time. OK, you can have semis, but they have to be smart guns. Or...

Bill | August 4, 2008, 5:53pm | #

The Supreme Court of the United States of America has given the District of Columbia the interpretation of the 2nd amendment of the U.S. Constition. If the D.C. governmental officials (collectively) refuse to obey the law, I think that should be grounds for them to be indicted for 'conspiracy to commit treason'.