Heller v. District of Columbia........Round 2

Commonly referred to as Heller II

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Yesterday, Judge James E. Boasberg of the United States District Court for the District of Columbia issued an opinion addressing the claims remanded by the circuit court.

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Judge Boasberg determined that the appropriate level of constitutional scrutiny was "intermediate scrutiny", which requires that the District can show that the challenged laws are "substantially related to an important governmental objective" and that the law is narrowly tailored to achieve that objective

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Judge Boasberg's willingness to stretch to find D.C.'s laws constitutional was perhaps most apparent in his reasoning for upholding the requirement that registrants bring each firearm they wish to register to the police station for inspection.

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Continuing the trend of treating the right to keep and bear arms differently from all other constitutional rights, the court also upheld the District's requirement that a registrant must pass an exam before registering any firearms. Most these days would consider a competency test for the exercise of any of the rights protected by the First Amendment or the right to vote unthinkable, but such tests were deemed constitutional, at least in the District, when it comes to Second Amendment rights.

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While upholding the registration requirements in their entirety required an unusual degree of deference to the D.C. Council in the face of a fundamental right, Judge Boasberg's discussion of the handgun rationing provision, which limits registrants to only one handgun registration in a 30 day period, is perhaps even more troubling. In upholding the rationing provision, the court found that "the District must respect the right of each resident to possess a handgun . . . for self-defense" and "[w]hile one or two firearms may be necessary for such purposes, a large collection of weapons is not." Although D.C. law limits applicants to registering only one handgun each month, Judge Boasberg seemed willing to endorse the constitutionality of laws that would restrict individuals to possessing only one or two firearms at any given time

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Remember all of the sarcastic quotes from a want, asurob, and other progresseives on the PB, whenever we have a gun control thread....oooohhh the irony. Case in point gentlemen...case in point.

LINK


:nb4 they're coming to get your guns: