Definitions

In preparation of tomorrow's Heller post, I am going to place some definitions and explanations here to save both myself and the reader some time.


Scrutiny - what is an acceptable level of infringment for the government to achieve it's stated purpose. The types of scrutiny are Strict Scrutiny, Intermediate Scrutiny, and Rational basis. Strict Scrutiny protects a right unless the Government can show the law is absolutely necessary for the public good and is done in the least infringing way possible. Intermediate scrutiny requires an "exceedingly persuasive" justification. Rational basis means that law reasonably appears to do what is intended. Translated to simple terms, they mean this:
Strict: To get the mice out of the barn you must set traps that are specifically designed to get only mice and not harm squirrels, horses, or chickens.
Intermediate: To get the mice out of the barn, certain traps are okay even though they may get the occasional chicken or squirrel.
Rational basis: To get the mice out of the barn, you may randomly kill things inside so long as most of them are mice.

Incorporation - Whether the ruling applies to the states as found through the 14th amendment.

Purpose: What purpose does the right protect?
An individual purpose protects the right to have a gun in one's home for self defense, but not much else.
A collective right protects only the right to be armed while drilling and practicing with the state militia, in defense of the State. Guns in the home are not protected by the collective rights interpretation.
A dual purpose right protects an individual right to self defense, and a right to bear arms in defense of the state when needed.

Machine gun ban - 922(o), the section of law that prohibits the sale, manufacture or ownership of all machine guns made after 1986.

Felons - 922(g) The section of law prohibiting felons from owning guns.

Armor piercing handgun ammunition ban 921(a)(17)(b). Prohibits certain types of ammunition.

The Lautenberg amendment 922(g)(9). Prohibits people convicted of certain misdemeanors from owning guns.

The gun free schools act 922(q). Prohibits possesion of a firearm within 1000 feet of a school.

GVR. Grant, Vacate, and Remand. The Supreme Court returns a case to the lower courts to make a decision based on the Supreme Court's findings. (This will most likely happen to the Parker case).

Assault weapons. Depending on who you ask. Officially classified as automatic weapons. The Brady campaign will have you believe it refers to any military style rifle. (The 1994 Assault weapons ban that expired in 2004 banned certain cosmetic features, such as bayonet connectors).

bayonet Big knife that attaches to the front of a gun.

Background checks. A Check against a federal database to see if the person is in a prohibited class of purchasers.

Miller (1939)- The previous Supreme Court ruling on guns. The Supreme Court found that (paraphrasing)"We have no evidence sawed off shotgun is useful to a well regulated militia".
This simple phrase has been interpreted by both sides to suit their needs.
The individual rights side says that it protects all military quality weapons for those who wish to have them, because the would be useful to a well regulated militia
The collective rights (gun banners) side says it means "no weapons for the people" because only those in the State sanctioned militia are protected.

DC Law in question

D.C. Code § 7-2502.02. Denies all handgun registration and permits after 1976.

D.C. Code § 22-4504. Prohibits open or concealed carry of a pistol without a permit on public or private property, to include private residences. Prohibits open or concealed carry of any other firearm without a permit on public property.

D.C. Code § 7-2507.02. Firearms are required to be unloaded and disassembled or locked.

Notice that the second code says you must have a permit for a pistol. Notice that the first automatically denies all permits. Quite a conundrum for someone who wishes to buy a pistol, eh?