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CRS Reports & Analysis
Legal Sidebar
You Win Some You Lose Some...New Second
Amendment Rulings
11/05/2015
Since the Supreme Court decided DIs#mict qIColumbi v. Heller in 2008, a majority of courts have upheld the
constitutionality of firearms laws under the Second Amendment. However, in two recent federal appellate cases, the
circuit courts struck down some parts of firearms laws, all of which were enacted post-Heller. Following other m
_orta, these circuit courts applied an intermediate scrutiny standard when reviewing firearms laws that burden conduct
protected by the Second Amendment. This test asks the government to show that the challenged law advances an
important or substantial governmental interest that would be achieved less effectively absent the regulation, and that
the means ... are not substantially broader than necessary to achieve that interest. In applying the test, the reviewing
court may examine whether the government has drawn reasonable inferences based on substantial evidence when
enacting a law that serves an important governmental interest.
In the first d arising from the D.C. Circuit, Dick Heller, the plaintiff from the 2008 Supreme Court case, again
challenged some of the District of Columbia's firearms laws. The court struck down four of the ten challenged
provisions: the requirement that a registrant bring the firearm for inspection; the requirement to re-register a firearm
every three years; the requirement that registrants pass a test of legal knowledge; and the prohibition on registering
more than one pistol per month. The D.C. Circuit reviewed these laws under the intermediate scrutiny standard, finding
that they burden the Second Amendment by making it considerably more difficult for a person to obtain a firearm for
the purpose of self-defense in the home. The court concluded that these firearms provisions are unconstitutional
because D.C. offered no substantial evidence from which the city could have reasonably concluded that fulfilling such
requirements would have advanced the important governmental interest of promoting public safety.
The six remaining firearms provisions upheld were: the long gun registration requirement; the requirements that
registrants appear in person, be fingerprinted, and be photographed; the registration fees requirement; and the
mandatory firearms safety training course requirement. Also reviewing these provisions under intermediate scrutiny,
the D.C. Circuit concluded that the government presented substantial evidence from which the city could conclude that
the each of the measures promote[] public safety and will mitigate various threats to public safety 'in a direct and
material way.' Notably, in 20l1, the D.C. Circuit upheld D.C.'s handgun registration requirement, and its prohibition
on possessing certain assault weapons and magazines with a capacity of more than 10 rounds (large capacity
magazines).
Not long after the D.C. Circuit's decision, the &,c issued a decision, which reviewed firearms laws passed by
the States of New York and New Jersey in 2013 after the school shooting in Newtown, Connecticut. The Second
Circuit struck down a provision of law from both New York and New Jersey, while upholding each states' ban on
assault weapons and large capacity magazines. Specifically, the court found unconstitutional the New York provision
that prohibits possession of a magazine loaded with more than seven rounds. The court concluded the government did
not present sufficient evidence that a seven-round load limit would best protect public safety. Because 10-round
magazines would still be lawful, the seven-round load limit will not in any way frustrate the access of those who
intend to use ten-round magazines for mass shootings or other crimes. The Second Circuit also declared
unconstitutional Connecticut's prohibition on the Remington 7615, a pump action (non-semiautomatic) firearm. It
stated that the prohibition burdened the presumption that the Second Amendment right applies to all bearable arms.](ViewImageLocal?handle=hein.crs/crsmthaafvl0001&div=1&collection=&method=preview&ext=.png&size=3)
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