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Old September 22, 2011, 03:47 PM   #45
Al Norris
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,541
I just received this reply from Aaron, that clarifies what this "Heller Home" is:

Yup, the "Heller Home" thing really took me by suprise too. Basically, the deal is this: they know that my apartment is easily shown to be a home AND if its a home then the maximum protections of Heller apply. So they are trying to essentially parse the definition of "home" in heller by taking the dicta and creating two types of "homes". They want "Heller Homes" and "Non-Heller Homes". A "Heller Home" is a home that is not found in a sensitive place. A "Non-Heller Home" is one that exists in a sensitive place, such as a college campus. Of course, this is all total fiction because they are just trying to blend the holding of Heller with the dicta. Essentially, its their way of twisting the primary thrust of Heller (people have a right to keep and bear arms in their homes) and making it completely useless to anybody. Believe me, the government will always be able to argue that something is a sensitive place if they are able to do it here. If the home is "sensitive" then everything is "sensitive." Bottom line: Heller did not distinguish between types of homes and that's what the Defendants are trying to get the court to do here because its the only way they can survive the home argument.
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