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Appeals Court Strikes Down Heller II

October 12, 2011 by  

The U.S. Court of Appeals for the District of Columbia last week struck down a challenge to Washington, D.C.’s onerous registration requirements and outright ban on so-called assault weapons and high capacity magazines.

The U.S. Supreme Court ruled in 2008 that the district’s ban on handguns and the requirement that long guns be unloaded and either disassembled or trigger-locked was unConstitutional. The challenge that was just struck down, called Heller II, was filed after the District government adopted stricter rules following its loss in the Heller v. District of Columbia case.

The court upheld the district’s regulations on firearm ownership by a 2-1 margin and also remanded the case to the district court to gather further evidence on whether Washington, D.C.’s registration regulations are reasonable.

Bob Livingston

is an ultra-conservative American who has been writing a newsletter since 1969. Bob has devoted much of his life to research and the quest for truth on a variety of subjects. Bob specializes in health issues such as nutritional supplements and alternatives to drugs, as well as issues of privacy (both personal and financial), asset protection and the preservation of freedom.

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  • DHK

    Just more of the same old same old. The liberals have packed the courts with activist judges over the past fifty years plus and now we are ruled by an an elite class of snobs who have no real respect for the constitution and especially the 2nd amendment. They plan to have it their way no matter what the consequences are to ordinary people, and frequently it can prove to be downright life-threatening. In the end they are the despots of our day and we are heading for a day of reckoning with them.

    • http://yahoo olerocker

      we now live in a gobal/new world order where if the courts don’t act on the peoples behalf, the UN will interfer and make rulings…they control you kids, your health, we have cameras all over to watch what you do, now they are working to take away hand guns and Hillary is for that….more rights will be gone and soon we will be totally under UN rule aka new world order.

      • http://charter howe

        Its not the new world order that we should fear, because that problem can be voted out of office, like Obama and his merry band of socialist minnions. We have to worry about all the liberal judges who are helping to rule in favor of these politicians who are trying to take our 2nd amendment rights away from us. When they take our guns they will be able to take our liberties and they know that is the only way they will be able to stay in power and spread the wealth.

        • Mike Lacey

          I am sure I speak for most when I say “they can take away my guns when they pry them from my cold dead fingers” The reason this country has never been invaded is because of the 2nd amendment!Texas, Michigan and pennsylvania registered hunters alone form the largest armed force in the world! Now figure all the other states and non hunting sport shooters and if push comes to shove, I am confident those of us who believe in the principals and values the founding fathers wrote for us in the Constitution will prevail over the liberal scum that is trying to undermine this great nation of ours! I tell them all, LOVE IT OR LEAVE IT!! Learn english, work hardfor a living and be good to thy neighbor or LEAVE!

      • Roberta

        Absolutely RIGHT!! BUT she will still want HER body guards to be armed to protect HER!! But US..we are the little people and dont count for….!

  • Floorguy

    Restricting Constitutional amendments, is unconstitutional.
    The Bill of Rights, is not to be tampered with or restricted in any form.

    • Lost in Paradise

      You are correct, but then if I go against the local gun regulations I go to jail and that is also against the constitution, and bill of rights, because as you say it violated the bill of rights. I believe it was around 1991, that more control was give to municipalitie to control the people, and they have really taken advantage of it.

      All of us who believe in the Constitution, and the Bill of Rights, and loves America, needs to unite. WE need to hit them with everything we have. We need to fight with pitch forks, baseball bats,chain saws,and yes guns. No more Democrats, and No more Republicans. Start all new and by the U.S. Constitution.

      My guess is that we have maybe 12 months, and then we are done.

      • http://google gary gerke

        They can pass what they want, however, our assault rifles were sold at gun shows, we no longer own them. The rel reality is they can go F#@& themselves!

      • Mike Lacey

        AMEN BROTHER!! We fought the brittish and won because we are a nation of free people not to be oppressed by any GOVERNMENT! Somewhere along the lines these politicians have forgotten they work for us and to defend our constitutional rights and if they won’t we will and with our god given right to bear arms if needed!!

        • Molon Labe

          COME AND GET THEM blue helmets make great target practice.
          This would be the last straw and would not be pretty.
          FROM MY COLD DEAD HANDS…

  • VT Patriot

    Liberal judges legislate from the bench. To H*&* with the constitution. They take their personal beliefs and attempt to place them into law regardless of what the Constitution and bill of rights says. Living in a state that has the closest relationship to the 2A, I feel for those that are denied the right to protect themselves from criminals and an overbearing govt. Please keep up the fight, your freedom is worth it.

  • 2WarAbnVet

    We now have Judges who are incapable of reading the Second Amendment, or of the statements of those who wrote/approved it.

    • Graystroke

      Oh how naive…they are very capable and they are following an agenda set from on high…..they are successful because we the peoples sit on our a$$ thinking they are just dumb liberal judges nothing could be further from the truth..as I posted earlier the about the book ‘tragedy and hope’, there is a list of globalist clubs set out to destroy America. The: CFR, BILDERBERGER, TRILATERAL COMMISSION, BRITISH BUSINESS ROUND TABLE, THE BUSINESS ROUND TABLE, THE NEW FABIAN SOCIETY, THE CLUB OF ROME, The Church of Set ( a complete study of Military involvement in Psy Ops with Anton Levay), and there are many more countless more. Who are they, they are lawyers, judges, doctors, high ranking local government politicians and where do you run for help??? Yeah we are in deep sheep dip…..

  • Mike P

    Judicial corruption is rampant in the USA. These judges and prosecutors need to be removed from office and dealt with by any means available to We The People !

  • Mike P

    If all the Crooked judges were laid end to end, It would be wonderful !!!

  • Jeffrey A. Williams

    Yet another bad federal court decision and one that has broad and deep ramifications for every American. Regulations must be rational and reasonable, this one IMHO was neither rational or reasonable.

  • Smith

    People stupid enough to live in DC, elicit limited sympathy from me

  • Incredulous1

    “When the government fears The People, there is Liberty. When The People fear the government, there is Tyranny.” Judges are part of the government – and they fear nothing. Humility, Virtue and a healthy skepticism of their own intelligence are not to be found in most judges today. And with a “lifetime” appointment, all The People can hope and pray for is a short life – either theirs or ours. Not our Founding Father’s goal.

    • Lost in Paradise

      That is exactly why WE need to instill fear in their hearts and then fight them will all we have and risk it all for liberty. Maybe you just like to complain and do not really believe in our founding documents.

  • Mike P

    Some time ago I read a blurb that claimed federal judges and DOJ prosecutors are given a $ 10,000.00 spiff each for every ruling made in favor of the IRS. I wonder how they exist on such paltry graft ?

  • James

    In District of Columbia v. Heller (2008), The Court held that the 2nd Amendment’s “shall not be infringed” applied to individual type weapons as well as militia-type. This ended a long period where federal courts held, because of the amendment’s prefatory clause, that the amendment’s restriction applied only to militia men. It looks like the D.C. Appellate Court still thinks that way.

    • Vicki

      EVEN if it only applied to milita men as claimed that would still mean that most / all of the regulations are imposed unconstitutionally.

      http://www.law.cornell.edu/uscode/10/311.html
      “The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States…”

      Since most of the people ARE in the militia (used to only be males)

      • Vicki

        And of course both the Heller decision and history clearly shows that the founders intended the 2nd to be an individual right for ALL arms. Including BSGs (big scary guns)

  • DaveH
    • Vicki

      Yes. Gun registration by any other name…..

  • DaveH
  • Clint

    Vigilantes Organized 2 Emphatically Restore Sovereignty
    (VO2ERS)

  • s c

    Obviously, it’s safe to say that the only difference between California and D C is the weather. Other than that, both locales are controlled by fruits, nuts, flakes, Constitution-haters, traitors, paranoid schizophrenics, appointed vermin and elected Hitler-wannabes.

  • FreedomFighter

    As an American Tribe member I recall the words of a very great man:

    I wish it to be remembered that I was the last man of my tribe to surrender my rifle. — Sitting Bull

    Laus Deo
    Semper Fi

  • Paul D.

    C’mon guys. You all know what the second amendment is for. I wonder when enough people are going to get annoyed enough to start giving those who would enslave them what they most fear and deserve.

    • Molon Labe

      The last American Revolution took place because of 2 things:

      1. Taxation without representation

      2. An edict from the King that ALL men should turn in their guns to the British

      OUR FOREFATHERS WOULD BE SHOOTING BY NOW!

  • http://? Kerry Good

    Anyone serious about changing all of this, perhaps bringing all of our troops home? Reinstate the draft for all males and females from 17 to 60 years of age, no deferments, 4 years mandatory Army Infantry. See how quick the loser liberals will scream and kick or run to Canada. This time when they do strip them of citizenship and shoot them trying to cross back into the USA illegally!

  • Right wing nutjob

    Secession is all that remains for us.

  • Ed Ducy

    The Federal Govt.’s reality is not the same as “We the People’s” reality! It is “Lock & Load” time people! Get all the weapons you can with as much ammo as you can. Get your neighbors together & train in Militia tactics. Start forming Militias an prepare to defend America, prepare to defend “We the People”, prepare to defend our Republic & our way of life. The Communist, Criminal Obama Administration is prepared to arrest or kill us all, so be prepared to fight! Another thought- want to get this madness to stop, EVERONE refuse to pay taxes! The IRS cann’t prosecute 350 million US Citizens if EVERONE refuses to pay. Gandi said “The quickest way to shut down a Government is withhold ALL funds” Don’t pay & shut down the system!

    • DaveH

      As long as there is the Federal Reserve, Ed, refusing to pay taxes would be an exercise in futility. They would just print more money until our savings were worthless.

    • Graystroke

      most all militias are co-opted as well as the TEA party. Which is why I will never join them nor the weak-knee NRA……Larry Pratt seems to have the juevos for the Gun Owners of America and a few others but NRA fuget-about-itt …….do we vote hell yes….and like democrats vote and vote as many times as you can ….works for them…..lol…hey gottah have some levity around heah…

  • Robert Paiva

    I’ve always refered to Washington’s D. of C. as sin-city U.S.A.! Yea,! Yea,! I know living here in the good Old Western U.S. of A; Las Vegas, Nevada has always been refrrrred to to the great not so humble sin-city: But Vegas dosen’t hold anything to the despicable, encourageable, dis-custing, decrepid, heneious, Washington’s District of Columbia, I’m ashaimed to say the Capitol of these United States of America. If it wasn’t for our beautiful monuments there and our soldiers berial ground I’d almost let’s say let’s get out of Washington because we as americans really can’t afford it. But we should get out of the U. N. (United Nothing), AND THE FEDERAL RESERVE first. Then maybe, just maybe, we then could salvage what’s left of Wasington D.C. (WHAT’S LEFT OF IT)

  • http://gunner689 gunner689

    Who needs guns ? The biggest crooks in DC carry brief cases.

  • Crusader

    Join the NRA, Vote out career politicians in Congress that oppose the 2nd Amendment. Speak out and get your friends to join NRA and to vote the bums out. We want our country back and our corporate owned Congress back for the benefit of Americans,We want jobs in America not globalism and jobs in China.

    • Mike Lacey

      We need to give them al the boot! start from scratch! No more jobs for life, salaries for life, and benefits for life! They should be limited to no moe than 2 terms just like the president! To be fair, they all make te same salary and recieve the same benefits!And when they have served their terms they are DONE! Find another job or retire, do whatever you wish but you are no longer doing the job therefor you will no longer be paid or recieve any type of benefits!No more making laws that affect we the people but not the politicians!

      • Jack Penland

        I love it when people agree with me! Term limits for all of them. Believe it or not, there are actually some congressmen,(Gengrey of GA for one), who have introduced legisation for congressional term limits. I don’t have to tell you how much support he got for that one. Term limits for ALL judges, INCLUDING AND ESPECIALLY the SUPREMES! No more numbnut liberals redefining the Constitution. Understand, Mike, that the problem ultimately lies with us, the voters. How much of this crap could continue if “We the People” actually paid attention? How many sheeple do you know who can give you the latest news on “American Idol”, but haven’t the slightest idea how their representatives voted last week? (Or in many cases, even who the reps are). I’ll close with a worn out but still valid cliche: “Eternal Vigilance is the Price of Freedom”

  • ANNE PEARIGEN

    YOU CAN VOTE FOR AGAINST THE 2ND AMENDMENT HERE. YOU WILL NEED TO EITHER COPY THE LINK OR TYPE IT IN YOURSELF.

    This came to me from non-gun friend in Paradise. Not sure what USAToday hopes to accomplish, but it will be interesting to to follow any results.

    Own a Gun?

    TAKES 10 SECONDS ……….
    DO IT AND PASS IT ON !!!!!!!!!!!!!!!!!!
    If you own a Gun or believe in them, Please Keep This Moving
    Guess they were not happy with the poll results the first
    time so USA today is running another one….vote now

    Attorney General, Eric Holder, has already said this is one of his major issues. He does not believe the 2nd Amendment gives individuals the right to bear arms. This takes literally 2 clicks to complete. Please vote on this gun issue question with USA Today. It will only take a few seconds of your time. Then pass the link on to all the pro- gun folks you know. Hopefully these results will be published later this month. This upcoming year will become critical for gun owners with the Supreme Court’s accepting the District of Columbia case against the right for individuals to bear arms.

    Here’s what you need to do:

    First – vote on this one. (click on Link below to vote)

    Second – launch it to other folks and have THEM vote -
    then we will see if the results get published.

    Click here:
    USATODAY.com

    God Bless America!

  • Molon Labe

    Anne:
    Your link does not work, fyi.
    Thanks

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