Second Amendment revisited: Dick Heller loses this round in the D.C. Circuit

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Oct 05, 2011 Second Amendment revisited: Dick Heller loses this round in the D.C. Circuit

Image from the Government Printing Office’s website

Three years ago, Dick Heller achieved a smashing Supreme Court victory that gave real meaning to Second Amendment protections. D.C. v. Heller, 554 U.S. 570 (2008).

Yesterday, Mr. Heller and other appellants lost a new Second Amendment litigation round 2-1 in the D.C. Circuit, ruling, among other things, that the District of Columbia’s post-Heller legislation is constitutional as to its ban on semi-automatic rifles and a gun registration requirement. Heller, et al., v. D.C., ___ F.3d ___ (D.C. Cir. Oct. 4, 2011). Writing for the 2-judge majority is Judge Douglas Ginsburg, the same judge whose 1987 Reagan Supreme Court nomination at 41-years-old went up in smoke over revelations of his past marijuana use. Dissenting over the semi-automatic rifle prohibition and gun registration requirement is Judge Brett M. Kavanaugh, appointed by George Bush, II, and having graduated from law school a year after I.  

Heller’s camp seems well-enough financed to challenge the panel’s ruling en banc, which I expect will happen.

As to guns, I recommend that people voluntarily disarm now. By the same token, the Second Amendment has no meaning if people do not have the individual right to bear arms. The Second Amendment reads too similarly to my cherished First Amendment for the First Amendment not to suffer the more that courts do not provide such protection under the Secod Amendment. 

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