America's First Freedom - June 2014 - 20

F1rst Things F1rst:

THE FREEDOM
YOU DESERVE

H E L L E R

DARK
VICTORY
Dick Heller won the Supreme Court case that struck down D.C.'s gun ban and
defined the Second Amendment as an individual right forever. Yet when he leaves
work at midnight, he is still forced lock up his gun and pedal home through streets
of drug dealers and gangbangers, unarmed and unable to defend himself.



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1st Freedom

|

May 

PHOTOS BY PAMELA LEPOLD

by

Heller II has been slowly working
its way through the court system ever
since. In October 2011, the u.s. Court
of Appeals upheld what it called d.c.'s
"basic" registration of handguns, but
questioned whether any registration
of rifles and shotguns is constitutional.
The court remanded the case to a
district court to gather further evidence
on whether d.c.'s gun registration and
other laws are permissible regulations of
Second Amendment-protected rights.
In December 2013, the plaintiffs'
attorneys, Halbrook and Dan Peterson,
deposed d.c.'s witnesses and filed a
motion in the u.s. District Court for
the District of Columbia asking Judge
James Boasberg for summary judgment
on whether d.c.'s gun registration and
other laws are constitutional. At press
time, Judge Boasberg had yet to rule, but
could do so at any time.
"Whoever loses will certainly appeal,"
Halbrook said.

I I

Frank Miniter

CHOOSE DIGITAL
AND GET ACCESS
TO ENHANCED
CONTENT

ust after midnight, Dick Anthony Heller
A'in F contributor Frank Miniter's feature on Dick Heller
steps into a backroom a federal building
on Capitol Hill in Washington, d.c. He takes
off his his years-long battle to have his Second Amendment rights recognized
A video
and holster and revolver.he places camera's
unblinking eye watches as
the Smith
&
inWesson in anation's capital is a must-read for those who care about their right to
our locker in the government
building he protects 40 hours per week.
keep and bear arms. But if you received the Digital version, you would get
"the rest of the story."
In fact, the June issue
Go to http:/
/home.nra.org/aff and
of America's st Freedom
take a moment to browse through
Digital greatly expands
this issue in its digital form. If
on the printed version of
you love all that America's 1st
the story, even including
Freedom Digital has to offer, go to
videos of interviews with
NRAMemberServices.org/go-digital
Heller and others involved
to request your subscription be
in the ongoing Heller II
changed to Digital!
lawsuit. And the rest of
the features throughout
the magazine are no different: Videos and web links abound throughout,
giving even more insight and information into the topics covered in the
print version.
D.C.'S GUN CONTROL GAUNTLET

When the weather is warm and clear, Heller has his bicycle waiting. In the colder
months he has his car. Even though he lives nearby, he never walks home-not
anymore. He is 70 years old now, and people have tried to sell him drugs on these
streets at night, while others have approached him with even worse intentions. That's
why he must drive his car or ride his bike-to avoid them.
He has to be extra cautious because anyone who might want to mug him knows
he can't be legally armed-not on these streets. So although he carries a gun to
protect government officials and property while on duty, the d.c. government won't
allow him to carry one for his own defense.
Even worse, he can't do that despite the fact that a few years ago he went all the
way to the .. Supreme Court, and won!
"At least I'm a guy," Heller told me in a recent interview. "If I were a woman,
I wouldn't be able to keep this job. Getting off work late at night in the
neighborhood I work in would be too risky. It's these basic human rights we're
still trying to win back in our nation's capital."
That is why Heller is again a plaintiff in a lawsuit moving through the federal
court system. This case, backed by the National Rifle Association, has been dubbed
"Heller II." It was filed not long after the u.s. Supreme Court decided 5-4 in District
of Columbia v. Heller (2008) that the Second Amendment protects an "individual"
right. The Heller decision also ruled that d.c.'s outright ban on handguns, as well
as regulations requiring that all firearms-including rifles and shotguns-be kept
"unloaded and disassembled or bound by a trigger lock," was unconstitutional.
Heller says they filed the lawsuit soon after winning the original case in 2008
when it became apparent that the d.c. government would continue to infringe on
citizens' right to keep and bear arms.
"After d.c. lost in the Supreme Court, they obviously grabbed every gun control
restriction they could find from the 50 states and included almost all of them in a
hastily written package of gun control laws," he said.
Stephen Halbrook, one of the attorneys representing Heller and other plaintiffs in
Heller II, put it this way: "It was like d.c.'s politicians wanted revenge for the Supreme
Court rebuke."

Basically, the gun control laws d.c.
passed subsequent to Heller prevent
any resident from carrying any gun for
self-defense; create a gun registry that
includes long guns; add registration
fees and piles of paperwork; require
every resident who wants a gun to be
fingerprinted; and mandate that gun
owners re-register their guns every
three years.
Actually, if d.c.'s gun control laws
were regulating anything other than gun
rights, many urban politicians would
be calling them "racist." That's because
a person must bring his gun or guns
to d.c.'s police headquarters in locked
cases for inspection. If he doesn't have a
car-a lot of low-income d.c. residents
don't-he would have to take the train
to the Judiciary Square terminal (d.c.
has a subway system), hire a taxi or take
a bus with his handgun, shotgun or
rifle in hand. Additionally, gun owners
must pay fees and demonstrate their
familiarity with the law by taking a test
at d.c.'s Metropolitan Police Department
headquarters (mpd).
At the mpd's request, the d.c. city
council did away with a mandated
four-hour firearm-training course,
but in its place a person who wants
to practice his or her right to own

America's

1st Freedom

|

June 



:KDW·V 2Q 


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America's First Freedom - June 2014

Table of Contents for the Digital Edition of America's First Freedom - June 2014

America's First Freedom - June 2014 - 1
America's First Freedom - June 2014 - 2
America's First Freedom - June 2014 - 3
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