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Dead Constitution
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Title: Lower Court uses Heller Decision to uphold BATFE ban on imported weapons
Source: National Association for Gun Rights
URL Source: http://www.nationalgunrights.org/
Published: Jul 24, 2008
Author: staff
Post Date: 2008-07-24 22:24:35 by rack42
Keywords: Heller, BATFE
Views: 65
Comments: 2

n one of the first lower court rulings since the Supreme Court handed down the weakly-worded Heller Decision, a government restriction on firearms has been upheld.

Steven Mullenix, a federal firearms licensee (FFL), was denied permission to import German WWII replica rifles by the notoriously anti-gun Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE). The BATFE used arguments from the 1968 Gun Control Act to argue that the replica BD-44 held no "sporting purpose" and therefore Mr. Mullenix could not legally import them.

In return Mullenix sued the BATFE for infringing upon his right to keep and bear arms, calling their ruling "arbitrary and capricious."

Just a few short days after the Supreme Court ruled on the Heller Case -- the supposed victory for the Second Amendment --the North Carolina Circuit Court used Justice Scalia's own words to uphold the BATFE's restriction on firearms importation.

The lower court agreed with the BATFE's findings that the firearms Mr. Mullenix wanted to import were not "generally recognized as particularly suitable for or readily adaptable to sporting purposes."

They went on to restate the Heller Decision language that the Second Amendment wasn't unlimited, and that the government has the right to restrict or ban any type of firearm, stating that the right only applies to certain types of firearms.

Clearly, the ripples of the Heller Decision will be felt for years to come. Unfortunately we can only speculate on the future unintended consequences of this weak decision.

This much we do know: the Heller Decision is far from a victory for gun owners. It is already being used successfully to infringe upon the rights of gun owners across the county.

Read the full lower court ruling in Mullenix v. BATFE here.

For all the latest Heller Decision related news, click here: www.nationalgunrights.org/truthaboutheller.shtml

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Here's Heller's "win" results (he won, but his 45 auto is "illegal"):

http://www.nationalgunrights.org/

D.C. Mayor confirms short comings of Heller decision, continues ban on semi-auto pistols

D.C. Mayor Adrian Fenty has decided that despite the Supreme Court's decision to strike down D.C.'s handgun ban, semi-automatic pistols -- magazine fed weapons like the popular Glock and 1911 handguns -- can still be banned by the District of Columbia.

The Supreme Court's repeal of the ban on handguns in Washington, D.C., may be a boon for a segment of the firearms industry whose last major windfall might have been in the heyday of the Dirty Harry movies: those who make and sell revolvers.

The court ruled that a blanket ban on handguns is unconstitutional, but D.C. Mayor Adrian Fenty and other Washington officials want to keep in place a prohibition on semiautomatic handguns — those in which a bullet clip is inserted into the gun's grip.

Such a ban would continue to outlaw 9-mm and other popular pistols that are legal in most other places around the United States. And it would make the classic six-shooter the only legal handgun in the District.

Read the full Fox News article here.

We cannot afford peace at any price. - Newt Gingrich, May 29, 1998

rack42  posted on  2008-07-24   22:30:44 ET  Reply   Trace   Private Reply  

I only found this today. Magazine loaded firearms are "machine guns" in Washington, DC. Only revolvers are "legal."

Heller Denied D.C. Gun Permit

http://www.outsidethebeltway.com/archives/heller_denied_dc_gun_permit/

James Joyner | Friday, July 18, 2008

The P-32 is a semi-automatic, locked breech pistol, chambered for the .32 Auto cartridge. The firing mechanism is double action only. The magazine has a 7 round capacity. The KEL-TEC P-32 is the lightest .32 Auto pistol ever made. Thanks to its locking dynamics and superior ergonometry, perceived recoil and practical accuracy are comparable to much larger guns.Dick Heller, the plaintiff in the landmark Supreme Court decision that overturned Washington, D.C.’s 32-year-old ban on handguns and established that the 2nd Amendment provided an individual right to own guns, was denied a handgun permit by the District yesterday.

He was among the first in line Thursday morning to apply for a handgun permit. But when he tried to register his semi-automatic weapon, he says he was rejected. He says his gun has seven bullet clip. Heller says the City Council legislation allows weapons with fewer than eleven bullets in the clip. A spokesman for the DC Police says the gun was a bottom-loading weapon, and according to their interpretation, all bottom-loading guns are outlawed because they are grouped with machine guns.

Sheesh. Glenn Reynolds writes, “It’s obviously a campaign of ‘massive resistance.’ Gun prohibition now, gun prohibition tomorrow, gun prohibition forever!” Don’t discount the possibility, however, that these people simply aren’t very bright.

Reynolds and Brannon P. Denning have an interesting colloquy on “Heller’s Future in the Lower Courts” in the Northwestern University Law Review. The intro:

The Supreme Court has released its long-awaited opinion in District of Columbia v. Heller, and the buzz has been considerable. Though much has been made of the majority’s historic ruling and of the narrowness of that majority, many commentators have missed an important point. What Heller is most notable for is its complete and unanimous rejection of the “collective rights” interpretation that for nearly seventy years held sway with pundits, academics, and—most significantly—lower courts.

The repudiation of this extensive body of case law suggests that the real test of Heller will occur once the lower courts, traditionally hostile to an individual rights interpretation of the Second Amendment, face the inevitable follow-up cases challenging other restrictive gun laws. Experience with other seemingly groundbreaking Supreme Court decisions in recent years, such as United States v. Lopez, suggests that lower-court foot-dragging may limit Heller’s reach, though this time around there will likely be considerably more scrutiny and more vigorous litigation efforts.

If the lower courts present a challenge to the implementation of Heller, they also provide litigants with an opportunity. Given the fact that the Heller majority declined to give a detailed accounting of the proper standard of review to be used in subsequent Second Amendment cases, litigants have a rare opportunity to write on a tabula much more rasa than is ordinarily the case in constitutional litigation, making use of recent scholarship on the crafting of constitutional decision rules that implement constitutional provisions.

Arguably, it would have been preferable if the Supremes had simply spelled out their ruling a bit more clearly. As Reynolds and Denning note in their conclusion, however, that’s rarely the case.

...with the power of conviction, there is no sacrifice.

rack42  posted on  2009-08-25   21:29:11 ET  Reply   Trace   Private Reply  

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