Was Heller insignificant?

Article by David Kopel, responding to a New York Times article asserting that Heller was "firing blanks" from a legal standpoint (see this post for a link to the NYT article):

Has the Supreme Court decision in District of Columbia v. Heller–which affirmed the Second Amendment and declared the D.C. handgun ban unconstitutional–been of almost no significance? So claimed the New York Times in a recent article by Supreme Court reporter Adam Liptak. Unfortunately, Liptak’s article followed in a long New York Times tradition of credulously reporting the claims of one anti-gun professor, without conducting sufficient research to see if the claims hold up.

Let’s start with the most obvious facts which the Times overlooked. On the day that Heller was decided, the citizens of five Chicago suburbs, and of Chicago itself, were prohibited from owning guns. Residents of apartments provided by the San Francisco Housing Authority were prohibited from owning any gun. Within 24 hours of the Heller decision, gun rights organizations—including the National Rifle Association (NRA) and the Second Amendment Foundation (SAF)—filed lawsuits against the gun bans.

Today, the residents of San Francisco public housing can own guns in their homes. In four of the five Chicago suburbs (Morton Grove, Evanston, Wilmette, and Winnetka), the handgun bans have been repealed. Yet according to the Times, “So far, Heller is firing blanks.”

The Times came that erroneous conclusion, it appears, by credulously relying on UCLA law professor Adam Winkler. The Times quotes Winkler: “To date, the federal courts have not invalidated a single gun control law on the basis of the Second Amendment since Heller.” The Times does mention one exception to Winkler’s claim, a recent case holding that the federal ban on gun possession by anyone who has been charged (but not convicted) of possessing child pornography is unconstitutional.

But there are many more exceptions that the Times missed. Gun owners have already won in San Francisco, and they won in the four Chicago suburbs.

The Times quoted Winkler: “the only real change from Heller is that gun owners have to pay higher legal fees to find out that they lose.” Yet attorney David Hardy reported in January on his Arms and the Law weblog the San Francisco Housing Authority will be paying the attorneys fees for the plaintiff gun owners there (although the settlement terms of the San Francisco surrender are confidential). ...

Read the rest here.