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Where Would We Stand Without Heller?

Tuesday, August 1, 2017

Where Would We Stand Without Heller?

When the U.S. Court of Appeals for the District of Columbia struck down the District’s “good-reason” requirement for concealed carry, it begged the question once more: Where would we be without Heller?

District of Columbia v. Heller (2008) was the seminal Supreme Court decision that reaffirmed that the right to keep and bear arms is an individual one, in no way tied to or dependent upon service in the military or militia. In other words, it is a right possessed by each American at birth, and it comes without stipulation or caveat.

When the Heller ruling was handed down in late June 2008, it eviscerated restrictions on free people who were being punished by proscriptive firearm laws in Washington, D.C. In so doing, it sent shockwaves through the establishment media, the Democratic Party and gun control groups around the country.

Two years later, Heller played a role in the Supreme Court’s McDonald v. Chicago (2010), a ruling that leaned on Heller and reaffirmed not simply the individual nature of the right to keep and bear arms, but also the fact that that right—like others in the Bill of Rights—is incorporated in the Fourteenth Amendment. In other words, the right to keep and bear arms is doubly protected; it is guarded by the Second Amendment and the Fourteenth Amendment as well.

When the Heller ruling was handed down in late June 2008, it eviscerated restrictions on free people who were being punished by proscriptive firearm laws in Washington, D.C. In so doing, it sent shockwaves through the establishment media, the Democratic Party and gun control groups around the country.

What does this mean? It means McDonaldshowed that states and cities are prohibited from infringing on the right to keep and bear arms in the same way Heller showed that D.C. is prohibited from infringing on said rights.

Outlets like the Los Angeles Times have criticized the Heller decision for years after it was handed down. The goal of their criticism was clearly to keep some degree of hysteria regarding the decision alive, so it would be teed up for an anti-gun president to reverse or at least tweak, should such a president follow Barack Obama.

On June 27, 2008—the day after Heller was handed down—the Los Angeles Timeslamented:

Presented with two historically plausible arguments about whether the Second Amendment secures an individual right to keep and bear arms, the Supreme Court on Thursday opted for the interpretation less suited to a 21st century America bedeviled by gun crime. That’s the disappointing part of the court’s long-awaited ruling striking down the District of Columbia’s strict gun-control ordinance.

Seven years later—on Sept. 23, 2015—the Los Angeles Times contended:

The Supreme Court erred in the initial Heller decision by upending an interpretation of the 2nd Amendment that had been embraced for half a century—that the amendment’s reference to a ‘well-regulated militia’ limits the right to keep and bear arms to organized military units, such as the National Guard.

The criticism from the Los Angeles Times was complimented by similar criticism from The New York Times and, eventually, from Democratic presidential candidate Hillary Clinton.

BY AWR Hawkins

AWR Hawkins is the Second Amendment columnist for Breitbart News and host of Bullets with AWR Hawkins, a Breitbart News podcast. He is also the political analyst for Armed American Radio. Follow him on Twitter @AWRHawkins, or reach him directly at [email protected].

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Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

Friday, December 20, 2024

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

With the sun setting on the 2023-2024 legislative session, yesterday the Michigan Senate held a marathon session lasting over 24 hours. While citizens were sleeping, anti-gun lawmakers were able to pass two pieces of legislation, ...

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

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Friday, December 13, 2024

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

Last week, the anti-gun attorneys general of Minnesota and New Jersey filed nearly simultaneous lawsuits against firearm maker Glock, essentially claiming the company was violating the laws of those states by making guns that are too easy to illegally ...

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

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Monday, December 16, 2024

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

The Crime Prevention Research Center (CPRC) has released the latest in its series of annual reports on trends in concealed carry permits in America.

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

Wednesday, December 18, 2024

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

With only a few days left in the session, anti-gun legislators are doing everything they can to pass additional legislation restricting the Second Amendment rights of Michigan citizens. The legislation below could be taken up ...

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

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Monday, December 16, 2024

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

Predictably, gun control activists are citing the cold-blooded Manhattan murder of health insurance executive Brian Thompson to call for more gun control, particularly in the hot-button areas of “ghost guns” and “3D printed firearms.” 

Maine: Prepare for Progressives to Attack Your Hunting Rights

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NYC Subway More Dangerous Than the Gridiron?

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Monday, December 16, 2024

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Canada Announces New Gun Bans, More Gun Control on the Horizon

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Monday, December 9, 2024

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Michigan: Take Action Against Anti-Gun Legislation TODAY!

Friday, December 13, 2024

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.