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bulgron
06-28-2010, 1:38 PM
What's going on with Heller II? It looks like in March of this year, the federal judge for that case dimissed it. According to the NRA-ILA (http://www.nraila.org/legislation/read.aspx?id=5645), the judge sided with D.C. because the Supreme Court "did not explicitly hold that the Second Amendment right is a fundamental right."

But with McDonald, the court has now declared the 2A to be a fundamental right.

Is Heller II being appealed? I can't find any information one way or another. Is this another case that has been in limbo waiting on McDonald?

N6ATF
06-29-2010, 9:43 AM
btt

yellowfin
06-29-2010, 9:53 AM
Very interesting, also one wonders the progress now for Palmer.

hoffmang
06-29-2010, 8:48 PM
Heller II is being appealed and McDonald should help it some.

-Gene

sbrady@Michel&Associates
06-29-2010, 9:04 PM
Heller II is being appealed and McDonald should help it some.

-Gene

This ^. Though it does not depend on the incorporation of the Second Amendment (for the same reasons Heller did not); what Gene alludes to is that the language in McDonald calling the right to keep and bear arms a "fundamental right" (which was not expressly said by SCOTUS in Heller) undermines the lower court's reasoning for not applying strict scrutiny, which was essentially: "sorry, not a fundamental right, thus strict scrutiny doesn't apply" (by the way, that is not a quote from the case, but my paraphrase). Based on McDonald declaring that it is a fundamental right, the case should at least get a remand to determine whether this changes the judge's mind about the applicable level of scrutiny, but you never know.

dantodd
06-29-2010, 9:27 PM
Let's all hold hands and bow our heads in hopeful reflection that there will be no Heller III

bulgron
06-29-2010, 10:39 PM
Okay, thanks. I thought the fundamental right language in McDonald would be helpful to Heller II, but I couldn't find a mention of an appeal anywhere. I just wanted to be sure before I took the information elsewhere.

N6ATF
06-29-2010, 11:41 PM
Let's all hold hands and bow our heads in hopeful reflection that there will be no Heller III

Heller III? Hell, I wouldn't be surprised to see Heller MCMXI right before I die of natural causes.