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« Delay or impediment to gun permit issuance may violate due process | Main | Perry Mason gets arrested.... »

Heller followup -- district court ruling

Posted by David Hardy · 27 March 2010 09:15 AM

Here's the District Court (trial court) opinion. It applies "intermediate scrutiny" (more exacting than rational basis, less exacting than strict scrutiny) and upholds the new DC regulations.

[Of course, standards of review are judicial creations, and thus both arbitrary and malleable. When I went to law school there was no intermediate scrutiny. And in some settings the Supreme Court has indicated two different standards of review are applicable depending upon how far a law goes].

UPDATE: here are posts on the decision, by Josh Blackman and by Eugene Volokh.

· Heller aftermath

8 Comments | Leave a comment

David | March 28, 2010 12:09 AM | Reply

What happenend to the part of the second that reads "Shall not be infringed", I guess the court need not consider a little thing as that. And the other thing I dont understand that people agreed with the court ruling, that it was ok to ban so called assualt weapons as it doesn't violate the core meaning of the second amendment as it relates to this case. As long as other guns that function the same are available, so I guess it would be ok for any level of Government can ban the majority of guns because others are still available. So what would it matter that there are only a few left to purchase, it does not violate the second. With that said then why are we so upset about what the Brady Campain wants to ban? They dont want to ban all of them right? There will still be "some" left to buy, Right?

Letalis Maximus, Esq. | March 28, 2010 12:15 PM | Reply

Oh well, the original Heller decision was a loss in the district court, too. It was then 2-1 at the Circuit, and 5-4 with the Supremes.

5thofNov | March 28, 2010 3:09 PM | Reply

Seriously, the NRA can't win this one, even after Heller? Perhaps they should seek better Counsel, shall I suggest Alan Gura?

Letalis Maximus, Esq. | March 28, 2010 3:28 PM | Reply

Well, 5THOFNOV, as I noted, the great Gura also lost at the DC district court. So your comment adds...nothing...to the discussion.

W W Woodward | March 28, 2010 5:41 PM | Reply

It would appear, for all practical purposes, that judge Urbina rendered the middle finger salute to both, Heller and the Constitution, just as I said the District and its cronies would do almost immediately after Heller was made public and while we were celebrating our “victory”.


It appears more and more obvious that many so-called constitutional scholars never consult, nor lower themselves to actually read, the Constitution. They seem to be quite content to stand by and cheer while close minded jurists and legislators strip our rights from We The People under the color of “reasonableness” and “due process”.


[W-III]

Jim | March 29, 2010 10:02 AM | Reply

Interesting that the Court felt the 2nd amendment was not declared a "fundamental right" by SCOTUS. I wonder if the Heller majority thought it was not a fundamental right? Perhaps we will get a clarification in McDonald.

straightarrow | March 29, 2010 5:31 PM | Reply

Sorry to inject some reality into this topic, but Letalis, Heller was a loss in the Supreme Court also. Unless you consider an opinion that basically says "what we have banned in a macro sense is actually an individual right but if you ban it while recognizing it as an individual right and do it through creative means you will not run into any trouble with the adjudicators nor enforcers of the law", a victory then yeah, Heller was a victory. Just not in the real world.

medical assistant | April 5, 2010 11:23 AM | Reply

Wow this is a great resource.. I’m enjoying it.. good article

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