NAGR - The Truth about the Heller Decision

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The ugly truth about the Heller Decision

The National Association for Gun Rights is committed to exposing the simple truth about the Supreme Court's Heller Decision: Liberals are using it to restrict our gun rights.

The Latest Heller Case Horror Stories

7/29/2008 - Dick Heller forced to file another lawsuit against D.C.

Dick Heller, plaintiff from the Heller Supreme Court case, has been forced to file another lawsuit against the District of Columbia. The Heller Supreme Court Decision was supposed to be a triumph for the Second Amendment. However, as the National Association for Gun Rights has shown, gun banners are using the poorly-worded and weak decision to justify more gun control instead of less.

Dick Heller believes that D.C.'s new "emergency" gun control laws are an infringement of his individual right to keep and bear arms.

Read more about Dick Heller's new lawsuit, here.

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7/24/2008 - Lower Court uses Heller Decision to uphold BATFE ban on imported weapons

In 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: http://www.nationalgunrights.org/truthaboutheller.shtml

Read the full Heller decision here. Requires Adobe Acrobat

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7/23/2008 - The repercussions of the Heller Decision get even worse

I hate to say I told you so, but gun owners worst nightmares are coming true. Already, anti-gunners are using the Heller Decision to restrict the rights of gun owners.

The irony is that the first victim of the Heller Decision is Dick Heller himself.

In addition to the District of Columbia's excessive and restrictive new rules for gun ownership, they have continued to ban certain types of handguns. Dick Heller, the plaintiff from the Supreme Court case that bears his name, had his application for a handgun permit declined.

D.C.'s anti-gun Mayor Adrian Fenty believes that Heller's .45 ACP pistol is no different than a machine gun, since it is loaded by a magazine. D.C. bans even legal machine guns, so they believe it is perfectly reasonable to also ban pistols that are magazine-fed.

How could this happen after the Supreme Court ruled that the Second Amendment is an individual right?

It's simple really: the Supreme Court left the door wide open to every inane gun control scheme liberals can think up.

We've already seen that D.C. is using the ruling as justification for a lengthy and outrageous list of gun control regulations. D.C.'s post-Heller firearms regulations are so onerous as to make it virtually impossible to obtain a permit, and if you're lucky enough to receive Big Brother's permission to keep a handgun in your home, it must remain under lock-and-key until after your home has been invaded.

It won't be long before other cities and states follow D.C.'s example and use the Heller Decision to justify more gun control regulations by pushing exhaustive and prohibitive list of regulations and restrictions on gun ownership.

Gun owners should expect to see more proposals for more gun control measures like:

Gun Licensing & Registration
Mandatory run tests

Gun Rationing

Lock-up-your-safety requirements

Clearly, the Supreme Court's Decision has done little to improve the rights of Dick Heller, since even after his lawsuit, he still can't register his .45 pistol.

And what many gun owners are soon to find out is that the Heller decision has done little to defend their rights as well.

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7/21/2008 - D.C. uses Heller decision to justify new gun control

After the initial, misplaced glee surrounding the Supreme Court's Heller decision; the truth is coming out.

The District of Columbia is embracing the Court's tacit approval of gun control, by releasing an exhaustive and virtually prohibitive list of regulations and procedures residents must go through to keep a handgun in their home.

D.C.'s newly announced laws include:

Gun Licensing & Registration - to own a handgun, all D.C. residents must register them and receive a handgun license.

Gun Tests - If you want to keep a handgun in your home, the Maryland Police Department will have to perform ballistic testing on it before it can be legally registered.

Gun Rationing - There will be a limit to one handgun per person for the first 90 days after the legislation becomes law.

Lock-up your safety - Firearms in the home must be stored unloaded and disassembled, and secured with either a trigger lock, gun safe, or similar device. Only after your home is broken into, can you unlock your gun for self-defense.

Clearly, the Supreme Court's Heller Decision has done little to improve the rights of gun owners in the District of Columbia.

I'm afraid that gun owners worst nightmares could come true: the gun control crowd is already using Heller (or what wasn't said in Heller) to push their anti-gun agenda.

It is vital that gun owners understand how little effect the Heller Decision had on the anti-gun policies of places like D.C., Chicago and California.

Read the full Heller decision here. Requires Adobe Acrobat

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7/9/2008 - 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.
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7/2/2008 - What the Heller Decision really means

Dear Friend of Gun Rights,

I wish I could rejoice in the recent Supreme Court ruling. I can't.

The fact is, in many ways, it is bad news for gun owners and gun rights.

The Supreme Court's Heller decision wasn't even an hour old before anti-gun activists began revealing exactly what they had been plotting for months.

As Nancy Pelosi said regarding the Supreme Court's decision, "they left a lot of room to run . . ."

Philadelphia Mayor Michael Nutter, a member of Mayor Michael Bloomberg's anti-gun coalition, said the Supreme Court's decision "is an explicit statement of support" for their gun control efforts.

My friend, we are about to see a tsunami of anti-gun activism.

That's why it's vital you act TODAY! Support us at http://www.nationalgunrights.org/heller.htm

You see, while the U.S. Supreme Court did strike down Washington, D.C.'s gun ban (and maybe Chicago's) they gave the GREEN LIGHT to virtually every other anti-gun regulation, licensing scheme and restriction on the books.

Justice Scalia writing for the 5-4 majority said, "nothing in our opinion should be taken to cast doubt on longstanding prohibitions on [restricted persons] ... or laws forbidding the carrying of firearms in [restricted places] ... or laws imposing conditions and qualifications on the commercial sale of arms."

And it gets worse. And that's only five of nine judges.

Don't be misled. That's what anti-gunners count on.

Even as I write you, Nancy Pelosi, Michael Bloomberg and their anti-gun pals at the federal, state and local levels are preparing a torrent of new and sweeping gun control legislation.

So those who have been running around claiming the Supreme Court's decision will ultimately lead to Second Amendment utopia are DEAD WRONG.

Among other things, all the following anti-gun laws are A-OK according to the Supreme Court:

*** Mandatory licensing to purchase firearms;

*** Bans on the open and concealed-carry of firearms;

*** Bans on private sales of firearms;

*** Bans of so-called assault weapons and other "unusual" weapons (that's the actual language Scalia uses);

*** Bans on firearms on government property;

*** Bans on certain calibers of ammunition;

*** Bans on high-powered hunting scopes;

*** One-month waiting periods;

*** One-gun-a-month schemes;

*** Mandatory ammunition fingerprinting.

That's why your help today is so vital.

You see, the gun-grabbers have been raising millions of dollars for months, hoping for a Court decision they could "work with." And they got it.

While so many folks on our side are being distracted by a national press claiming "PRO-GUN FORCES WIN," anti-gun forces are ready to use the Court's decision to take even MORE Second Amendment freedoms away from you and me.

And with millionaire Hollywood honchos and billionaires like New York City Mayor Michael Bloomberg on their side, I'm afraid they have all the money they need to do it, too.

And don't think Bloomberg and his gun control pals will stop short of TOTAL gun bans!

By the time any newly-passed gun control scheme makes its way back to the Supreme Court, every current Justice could be retired or DEAD!

That's why your help is needed IMMEDIATELY.

By turning up the heat on politicians now -- especially in this critical election year -- you and I will send the clear message to the politicians that they MUST oppose any new gun control scheme or pay the price at the polls.

That's the only real way to get politicians to listen.

So please agree to act TODAY, visit our website at http://www.nationalgunrights.org/heller.htm

The National Association for Gun Rights is set to expand the following three-part program to capitalize on the Supreme Court's decision:

>>> Phase 1 -- Recruit 325,000 new National Association for Gun Rights members in key areas across the country that will be most vulnerable to the gun-grabbers' schemes;

>>> Phase 2 -- Work with pro-gun legislators and the media to put the anti-gunners on the defensive and expose their lies and manipulations;

>>> Phase 3 -- Launch a full-scale direct mail, internet and phone blitz targeted at Second Amendment supporters in key areas to create a grassroots wildfire in favor of our full gun rights.

But none of this can happen without your financial support.

As I told you, the national gun control crowd has been raising millions and planning for this exact scenario for months.

They could launch a full-scale assault on our gun rights at the federal, state, and local level within just a few weeks.

What will stop them is the grassroots efforts of pro-gun folks like you -- folks who realize the Supreme Court's Heller decision does NOT stop gun control.

But this effort will not be cheap, and that's why I must ask for your financial support, as well.

Will you agree to a special one-time contribution of $1,000?

Perhaps you can afford more.

Believe me, I know that's a lot to ask, but I can hardly overestimate just how important this fight is.

If $1,000 is not possible, I hope you'll agree to make a contribution of $500, $100 or at least $50.

Visit http://www.nationalgunrights.org/heller.htm TODAY and support our efforts.

The Supreme Court has ruled. Battle lines are being drawn.

The knock-down, drag-out, tooth-and-nail fights against the gun-grabbers begins immediately.

I hope I can count on you in our corner.

Your IMMEDIATE help is crucial. Please act TODAY! Go to http://www.nationalgunrights.org/heller.htm

Sincerely,

Dudley Brown
Executive Director

P.S. While the U.S. Supreme Court did strike down Washington, D.C.'s gun ban, they gave a GREEN LIGHT to virtually every other gun control law imaginable. Too many pro-gun folks just don't understand what is about to happen.

Emboldened by the Court's decision blessing their efforts, gun control zealots like Michael Bloomberg and Nancy Pelosi are preparing to launch an all-out assault on our gun rights.

They are counting on us to go to sleep and not notice what happens. That is exactly what I and everyone else at your National Association for Gun Rights REFUSES to do.

So please help the National Association for Gun Rights fight back with a special, one-time contribution of $1,000 (or even more if you can afford it), $500, $100 or at least $50 -- whatever you can afford --TODAY! Go to http://www.nationalgunrights.org/heller.htm

The National Association for Gun Rights, Inc. is approved as a non-profit tax-exempt advocacy organization under section 501(c)(4) of the Internal Revenue Code. Contributions or gifts to NAGR are not tax deductible for IRS purposes.

Not paid for at taxpayer expense.