District of Columbia Alterations Clauses Oppressive Approach

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Multi-State
Control #:
US-OL12041
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Description

This office lease clause states that the tenant shall not make any alterations or other physical changes in or about the Demised Premises without the owner's prior consent in each instance.

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FAQ

Heller sued the District of Columbia. He sought an injunction against the enforcement of the relevant parts of the Code and argued that they violated his Second Amendment right to keep a functional firearm in his home without a license. The district court dismissed the complaint.

(a) The Amendment's prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause's text and history demonstrate that it connotes an individual right to keep and bear arms.

In his dissenting opinion, which was joined by Ruth Bader Ginsburg and Sonia Sotomayor, Stephen Breyer claimed that Heller's historical analysis was flawed and that historical evidence bearing upon the fundamental character of a ?private armed self-defense right? was unclear at best.

Justice Antonin Scalia wrote the Heller majority opinion. ?The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home,? Scalia said.

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District of Columbia Alterations Clauses Oppressive Approach