Heller 2 - Oral Arguments 11/15/2010

[Len-2A Training]

Dick Heller is once again taking on the DC anti-gun crowd.

The results of this case should definitely affect MA anti-gun laws.

He's attacking the following DC laws:

- Prohibition of "unregistered" guns.
- Ban on commonly possessed rifles and magazines (this attacks the AWB and hi-cap mag bans).
- That these restrictions are not "usual and reasonable".

Now this case is in the DC Appeals Court, so it needs to go thru that court and ultimately the USSC in order to have any effect anywhere but in DC. This will take a year or two (pray no more USSC appointments by the Big O or we are sunk)!

http://www.545ar.com/HellerDC2.pdf

 

[JFR2]

{Fingers crossed}


-JR

 

[TheRoland]

I'm not sure what I want to happen right here. If the US Court of Appeals for the District reverses here (which they should), we don't get the Supreme Court decision we want, even though Heller prevails.

Should be interesting to watch.

 

[terraformer]

I'm not sure what I want to happen right here. If the US Court of Appeals for the District reverses here (which they should), we don't get the Supreme Court decision we want, even though Heller prevails.

Should be interesting to watch.

Two interesting subtexts.

A) Holbrook (the lawyer) is NRA backed.
B) You won't get the result you are looking for and what will happen is that case will be appealed. But it will take precedence over the other case and that is a bad thing.
C) Another case is in the works and I know what, where and why that is happening and I can tell you that the NRA is about the worst friend a gun owner can have right about now. Who needs enemies frankly...

This is all about the NRA getting out ahead of non NRA backed orgs so they can steal the limelight. It isn't about protecting your rights. Remember, without infringement, the NRA doesn't need to exist.

 

[stoneypete]

Remember, without infringement, the NRA doesn't need to exist.

I remember an interview with LaPierre and he was asked a question along those lines. He was dumbfounded and could not give a strait answer.

 

[Knuckle Dragger]

Agreed. While I'm hopeful for the kind of decision we want, I'm concerned that it won't happen. This case is sloppy and if Holbrook doesn't pull this off he may be done on these cases. Also, the panel hearing this case is not friendly to our cause and the same panel is scheduled to hear Dearth v. Holder as well.

 

[Lank]

More obama SC appointments =

 

[Knuckle Dragger]

So, Monday was Second Amendment day in the Federal courts with oral arguments presented in three major law suits.

The DC three judge panel heard back-to-back oral arguments in BOTH Heller II and Dearth v. Holder. Both went well from what I've heard. The parties in Heller have a tight December schedule to file supplemental briefs and reply. There should be good reading over the holidays. I'm watching the Dearth case more closely though. It has to potential to be huge.

Peruta v. County of San Diego was also argued in Federal court in San Diego challenging the SD Sheriff's permitting process. That also went very well and should be a very strong right-to-carry success.

 

[Knuckle Dragger]

Heller II is still kicking around the DC Circuit. Another round of oral arguments were held on April 20. Audio for your enjoyment.