Home > Current Federal Legislation, Miscellaneous, News > Heller II Case in DC DISMISSED

Heller II Case in DC DISMISSED


NRA-ILA GRASSROOTS ALERT
Vol. 17, No. 12      03/26/10

Court Dismisses “Heller II” Case —
D.C. Gun Registration, “Assault Weapon”
Ban, and
“Large” Magazine Ban Upheld 

 

 

Today, District Judge Ricardo M. Urbina, of the U.S. District Court for the District of Columbia, dismissed Heller v. District of Columbia, NRA’s case challenging D.C.’s prohibitive firearm registration requirements, and its bans on “assault weapons” and “large capacity ammunition feeding devices.” Mr. Heller was, of course, lead plaintiff in District of Columbia v. Heller, decided by the Supreme Court in 2008.

Judge Urbina rejected Heller’s assertion that D.C.’s registration and gun and magazine bans should be subject to a “strict scrutiny” standard of review, under which they could survive only if they are justified by a compelling government interest, are narrowly tailored to achieve that interest, and are the least restrictive means of achieving that interest.

In support of that rejection, Urbina opined that in District of Columbia v. Heller (2008) the Supreme Court “did not explicitly hold that the Second Amendment right is a fundamental right,” and he adopted the argument of dissenting Justices in that case, that the Court’s upholding of a law prohibiting possession of firearms by felons implied that the Court did not consider that laws infringing the right of law-abiding Americans to keep and bear arms should be subject to a strict scrutiny standard of review.

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