Heller 2

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Heller 2
By Joshua Nave

In the wake of the 2008 landmark case of District of Columbia v. Heller, Washington DC changed its firearms laws imposing strict
rules on gun ownership that the district contends meet the requirements laid out by the Court.

                              11/17/10                                 The appellate court is being asked to decide five things, the
                                                                       first of which is whether the lower court erred in using an
                              In March of this year, a district        intermediate scrutiny standard to evaluate the law. The other
                              court upheld the laws using an           four questions to the court are specific to the DC laws, but
                              intermediate scrutiny standard           this first question has wide application. This case is moving
while saying that Heller did not make gun ownership a                  through the court system in tandem with the Benson case
fundamental right. This finding comes despite language in              which is being decided in the 7th Circuit. It’s not clear which
Scalia’s majority opinion reading ‘’In sum, it is clear that the       case will be decided first and at any rate neither would be
Framers and ratifiers of the Fourteenth Amendment counted              controlling on the other. However, if the decisions come back
the right to keep and bear arms among those fundamental                with different interpretations of the holdings in Heller 1 and
rights necessary to our system of ordered liberty.’’ The case,         McDonald it will set the issue up nicely for a return trip to the
colloquially referred to as ‘’Heller 2’’ (Dick Heller is again the     Supreme Court.
lead plaintiff) is now before the appellate court.

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Description: A district court upheld the laws using an intermediate scrutiny standard while saying that Heller did not make gun ownership a fundamental right.
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