Dick Heller's legacy in the history of the gun rights movement just got a little more legendary. He was the first named plaintiff in the landmark decision that bears his name, District of Columbia v. Heller, in 2008. Now there is a new Heller ruling which builds on the foundation of the original and advances peoples' gun rights. DC has repealed its ammunition prohibition on an emergency basis to avoid liability for enforcing an unconstitutional ban.
Gun Rights Are Civil Rights
It was in 2008 that the Supreme Court handed down District of Columbia v. Heller. That most famous case in Second Amendment jurisprudence established an individual right to keep and bear arms. It leads directly to the 2022 case, New York State Rifle & Pistol Association, Inc. v. Bruen, effectively ruling that the Second Amendment guarantees the right to bear arms outside the home. Now we have a new holding in the new case of Dick Heller v. District of Columbia. This case will never make it to the Supreme Court, however, because Mr. Heller has already won.
Heller filed suit against the District in June, challenging a regulation banning the carrying of a certain amount of ammunition. DC's law said: "A person issued a concealed carry license by the Chief, while carrying the pistol, shall not carry more ammunition than is required to fully load the pistol twice, and in no event shall that amount be greater than twenty (20) rounds of ammunition." Mr. Heller's petition relied heavily on the Bruen case and the high hurdle it places on the kinds of restrictions imposed by DC.
Know When to Fold 'em
Faced with the prospect of increasing damages owed against Heller and the other plaintiffs, DC raised the white flag of surrender and pulled the law on an emergency basis as of Sept. 14. The city told the court in a "NOTICE OF EMERGENCY AND PROPOSED RULEMAKING":
"On review of these developments, this regulation, its enforcement history, and in consideration of other regulations that govern concealed-carry licensees, the Chief has determined that emergency rulemaking action is prudent and necessary for the immediate preservation of the welfare of District residents and to enable the District to avoid accruing liability for attorney fees in legal challenges. The Chief immediately repeals the challenged provision, …"
The case is presided over by Dabney L. Friedrich, who was appointed to the bench by Donald Trump in 2017. The regulation, which is now revoked and repealed on an emergency basis, was installed in 2015, on an emergency basis. When you're a hammer, the whole world looks like a nail.
Here's an interesting side note on what a Second Amendment celebrity carries. The lawsuit discusses details about the plaintiffs and how the law they sued to overturn impacts them. Through his complaint, we learn that Mr. Heller carries a Charter Arms Pathfinder revolver, which is only available in .22 caliber. For those not in the gun culture, the Pathfinder has a good reputation, but a .22 is the firearm cartridge with the lowest power and is not recommended for defensive purposes.
