Posts Tagged 2nd Amendment

Ammunition Ban Violates Second Amendment

Eugene Volokh highlights a recent DC court decision on the constitutionality of banning or restricting ammunition as a means of circumventing the Second Amendment.

Appellant Kevin Herrington was convicted in 2006 of unlawful possession of ammunition (UA), in violation of D.C. Code § 7–2506.01 (2001) (now § 7–2506.01(a) (Supp. 2010)). His conviction was based solely on evidence that he possessed handgun ammunition in his home….

What is now subsection (a) of D.C. Code § 7–2506.01 provides as follows:

No person shall possess ammunition in the District of Columbia unless: …

(3) He is the holder of the valid registration certificate for a firearm of the same gauge or caliber as the ammunition he possesses; except, that no such person shall possess restricted pistol bullets; …

[F]rom the Court’s reasoning [in Heller], it logically follows that the right to keep and bear arms extends to the possession of handgun ammunition in the home; for if such possession could be banned (and not simply regulated), that would make it “impossible for citizens to use [their handguns] for the core lawful purpose of self-defense.” By the same token, given the obvious connection between handgun ammunition and the right protected by the Second Amendment, we are hard-pressed to see how a flat ban on the possession of such ammunition in the home could survive heightened scrutiny of any kind. We therefore conclude that the Second Amendment guarantees a right to possess ammunition in the home that is coextensive with the right to possess a usable handgun there. The government has not taken issue with that conclusion….


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Yesterday the Supreme Court heard oral arguments on the McDonald case, in which it will decide if the Second Amendment actually applies to the States. Unlike the rest of the Bill of Rights, which has been acknowledged to be incorporated to the states through the 14th Amendment, the Second Amendment has not had such recognition, so left-wing politcians and activists have seen fit to infringe the right to bear arms as they please, usually by resorting to spurious arguments and fabricated data.

In the McDonald case, Chicago’s somplete ban on owning firearms is being challenged. In light of the overturning of a similar ban in Washington DC, prospects for this ban being overturned look good. Read the rest of this entry »

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Civil Rights and Guns

David Kopel at the Volokh Conspiracy follows up a previous post on the importance of gun rights in the civil rights struggle in the 1960’s. Kopel highlights the work of civil rights activist John Salter against the tyranny of the Ku Klux Klan, and the importance of armed self-defense to that struggle. Read the rest of this entry »

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Washington Supreme Court Holds 2nd Amendment is Incorporated

In the case State v. Sieyes the Washington Supreme Court has held that the @nd Amendment is incorporated. That means that the right to bear arms is protected even at the state level. Now the question is how this decision will be handled by SCOTUS, or how it will influence any 2nd Amendment incorporation cases.

Hat tip to Eugene Volokh at the Volokh Conspiracy. The commenst there are worth reading.

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Self-Defense Issues in Kansas

Eugene Volokh brings up an interesting case in Kansas in which a man pulled a gun, ostensibly in self-defense, but was denied the chance to argue self-defense because he never actually fired the gun. Read the rest of this entry »

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