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Gun Reports - News

D.C. Court Upholds Controversial
Gun Restrictions

(GunReports.com) -- This week, a divided federal appeals court upheld the District of Columbia's controversial ban on semi-automatic rifles and so-called "large capacity" magazines, but asked a lower court to reconsider certain aspects of its gun registration system, according to NRA-ILA.

The 2-1 decision by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit leaves in place, for now, the regulations passed by the D.C. Council following the U.S. Supreme Court's landmark 2008 District of Columbia v. Heller case.

In the case ruled on this week, Dick Heller, the plaintiff in the original Heller case, had challenged the D.C. Council's new laws--which banned countless semi-automatic firearms and also banned magazines capable of holding more than 10 rounds, and imposed many new requirements for legal gun ownership--claiming the gun and magazine bans and burdensome registration requirements violated the intent of the Supreme Court's 2008 decision. Heller's attorney, Stephen P. Halbrook, also argued that the District violated a 1906 congressional act that said the city could impose only "usual and reasonable" firearms rules.

In his majority opinion, Judge Douglas Ginsburg likened D.C.'s requirement to register handguns "to other common registration or licensing schemes…" Judge Karen LeCraft Henderson joined Judge Ginsburg in the majority, while Judge Brett M. Kavanaugh issued a strongly worded and lengthy dissenting opinion expressing his view that the city's firearms rules violate the U.S. Constitution. While the panel upheld the gun and magazine bans outright, it asked the trial court to reconsider some of the details of the registration requirements, according to NRA-ILA.

NRA-ILA supported this case and disagrees with the court's ruling.

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Reader Comments

At least there was dissent. Where is there any "other common registration or licensing schemes" for free speech, freedom of religion, due process of law, non-discrimination? One cannot compare it with registering an automobile, as there is no Constitutional protection for the right to chattel property of a conveyance, or registration thereof - only protection against being deprived of anything without due process of law. Judge Ginsburg is clearly out of touch with the Constitution itself.

Comment by: david b | October 13, 2011

One of the phenomena with which we must continually cope is recognition that people's thinking processes are not alike. I know..... that it is inconceivable that there are people who think so radically different from our own modes of thought. The thing that always staggers my imagination, though, is that even when immutable facts are presented in logical, coherent argument, those same people continue to hang on to their beliefs. I'd guess that it all just goes to show that there really are some fundamental differences between people, and that those differences aren't ever likely to be resolved.

Comment by: canovack | October 13, 2011

Hmmm. Re-reading, I'm wondering if the thought process I used in my first comment could be turned into a legal argument that would work against gun regulations? You know, that given the "...shall not be infringed." part of the 2A, then ANY restrictions are violations of due process. Sure, I know the anti's would all say that if Congress passed it, that makes it due process, but would state laws hold up on against the Constitution using that reasoning? They are subordinate to the Constitutional guarantees, so therefore a state passing a law contrary to the Second Amendment wouldn't really be 'due process' would it? Wouldn't that actually be a violation of the legal supremacy of the Constitution?

OK, somebody with a better handle on Constitutional law needs to step in on this one now....

Comment by: david b | October 13, 2011

David - Don't worry, Obama-nation will ensure we have registering and licensing schemes for the rest of our Constitutional rights as well!

Canovack - I think ego is what causes the disconnect. I wonder what Dr. Freud would say about the "modern liberal" ego?

Comment by: PVB | October 14, 2011

I don't know what Doctor Freud would say, but since some his own insights stemmed from his own Oedipus fixations, that might offer some insights about the fixations of the left-wingers and their mothers.....;).

Comment by: canovack | October 14, 2011

Do you mean that 'sometimes a liberal, is just a liberal'?

Comment by: david b | October 14, 2011

That's funny!

Comment by: PVB | October 14, 2011

No, I mean that some leftists may have Oedipus Complexes that may adversely affect their entire outlook on life. I believe that in street jargon, there is a name for them.

Comment by: canovack | October 14, 2011

The name that comes to my mind is a feminine hygiene device...

Comment by: PVB | October 14, 2011

Well PVB, that's not exactly what I was thinking about. If one is familiar with Greek/Roman mythology, Oedipus Rex was the king who just couldn't keep his hands (and other anatomical parts) off of his mother. Now, do you see where this is going?

Comment by: canovack | October 15, 2011

I know......

Comment by: PVB | October 15, 2011