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Hellers Argument

2684 Views 11 Replies 7 Participants Last post by  va_plinker
I have attached a link to the argument by Heller. This makes the other briefs look like shit. They cover all the angles that DC has presented and then some. I am feeling much better about are chances now.

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Here is a amicus brief filed on behalf of Heller, appearently only the 2nd one.


If anyone here is in GA and not a member of GA carry I encourage you to sign up, they are doing quite a bit for our rights.
That's a brilliantly reasoned brief. He's going for broke. It will be real hard to deny him without completely rejecting the RKBA.

Still, I'll be stunned if the court supports him.

Just a question it says ordinary and unrelated to the military, couldn't some one couldn't some one conclued assault rifles are unordinary and related to the military, or pretty much any firearm???

Sorry my question sounds dumb, what is ordinary and completly unrelated to the military???

The ordinary and unrelated part of the argument has to deal with the Miller decision from the SC. They are trying to show that by striking down the Ban that citizens will not be able to get a machine gun. The reason for arguing this is that the Solicitor General in his brief stated that if they struck down the Ban then everyone would suddenly go out and purchase a machineguns.

Once the SC rules that the 2nd Amendment is an individual right and Bans are Unconstitutional then we can start suing the Govt over there infringing on our rights. One ruling is not going to make all the gun control laws go away but once we have established that the 2nd Amendment is an individual right we can start to go after most of the laws.

Examples of restriction that probably wont go away will be background checks and illegal for felons to own. The SC has agreed that people can lose there right through there own actions as long as the were given the opportunity to due proccess under the law.
Great thanks for the explanation, I did not read the whole bill, it was late at night and I just glanced at what it was about... Thanks again!!!
VP Cheney has added his name to one of the briefs...

I found another link that has all the briefs for the case. There are a number of organization that I would not have though would support or side that have fieled a brief.

thanks, good link.
Below is the Attorney General of Texas, and other states, support of the Second Amendment.

Monday, February 11, 2008
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Texas Attorney General Greg Abbott Files Friend of the Court Brief in Washington, D C Gun Ban case

Texas, 30 states urge high court to uphold individual gun ownership rights

AUSTIN – Texas Attorney General Greg Abbott filed a brief with the U.S. Supreme Court Monday defending Americans’ constitutional right to keep and bear arms. Writing on behalf of 31 states, Attorney General Abbott urged the Supreme Court to uphold a federal appeals court decision striking down Washington D.C.’s handgun ban. In District of Columbia v. Heller, the U.S. Court of Appeals for the D.C. Circuit struck down the District’s handgun ban as unconstitutional.

“The United States Constitution protects the right to keep and bear arms,” Attorney General Abbott said. “By banning all handguns while rendering rifles and shotguns inoperable, the District of Columbia unconstitutionally prohibits citizens in the District from owning operational firearms. We respectfully urge the Supreme Court to uphold the appeals court decision striking down Washington D.C.’s firearms ban.”

Media links
Second Amendment Friend of the Court Brief: http://www.oag.state.tx.us/newspubs/releases/2008/021108heller_amicus.pdf

In 1976, the Washington, D.C. City Council passed an ordinance banning all handguns and requiring that rifles and shotguns be disassembled or encumbered by trigger locks at all times. Washington D.C. Special Police Officer Dick Heller, who carries a handgun while working at the Federal Justice Center, sued the city after it denied his application to keep a handgun at his private residence.

A federal district court disagreed with Heller, who appealed his case to the federal court of appeals with jurisdiction over the District of Columbia. At that stage of the litigation, Attorney General Abbott defended individuals’ right to bear arms in a ‘friend of the court’ brief submitted on behalf of Texas and 12 other states. In an opinion by Judge Lawrence Silberman, the federal appeals court held that the District’s gun ban violated the U.S. Constitution. The U.S. Supreme Court, which will hear District of Columbia v. Heller in March, has not considered a Second Amendment case since 1939.

Texas and a bipartisan group of 30 state attorneys general argue that the District of Columbia violates the Second Amendment by banning all handguns in D.C. residents’ private homes. According to the state attorneys general, the Second Amendment protects individuals’ right to keep and bear arms. The Second Amendment’s text explicitly protects “the right of the people,” a phrase that also appears in the First, Fourth, Ninth and Tenth Amendments describing personal, individual rights.

Attorney General Abbott and the other state attorneys general argue that “because the Second Amendment’s text recognizes a ‘right,’ not a ‘power,’ and guarantees that right to ‘the people’ and not ‘the States,’ it necessarily secures an individual right to keep and bear arms.” Thus, Texas argues that the “collective rights” theory is unfaithful to the Constitution and undermines Americans’ individual rights.

Texas’ brief also notes that, under the Second Amendment, gun ownership is not limited to citizens who participate in military exercises. The state argues that citizens have the right to “… ‘wear, bear, or carry’ arms, regardless of whether they are engaged in military activity connected with a state militia.” By requiring that rifles and shotguns in residents’ private residences be either disassembled or encumbered by a trigger lock, the District’s ordinance rendered the firearms inoperable. Thus, Attorney General Abbott argues the city violated its residents’ constitutionally protected right to bear arms.

Notably, every state that signed the brief, including Texas, argues that some firearms regulations are both permissible. For example, the vast majority of states support prohibiting violent felons from owning guns. All of the joining states, however, are likewise united in the belief that the Second Amendment protects the individual right to keep and bear arms.



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Fox 5 news at 10 had a report from outside the Supreme Court tonight. They said over 100 people are in line with the line starting Sunday at 5pm.

All the people interviewed were pro gun, and were NOT local. A guy from PA was first in line. Someone from Chicago was interviewed, and a guy from Arizona.

Maybe some law students in the line but the looks of it.

Gonna be a cold night!
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