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DC Ct of Apps holds Heller is retroactive
Pdf ruling here. Skim ahead to p. 21, or p. 29 if you have a low threshold of boredom.
Comments
if you read that whole thing and stayed awake you have my admiration
Posted by: Rich at November 13, 2009 08:32 AM
I read it and stayed awake, although not without some cursing. I thinkt he end result is hilarious! To win, DC has to offer evidence that they would have given the guy a permit! HAHAHAHA!
Posted by: Jim at November 13, 2009 03:57 PM
My read was that they would have to show that, had they allowed individuals to register firearms, the appellant would have been denied registration on constitutionally valid grounds (e.g., disqualified person under 18USC922(g)).
Posted by: Ken at November 14, 2009 03:04 PM
I skimmed it and it appeared to be remanded back to trial court to decide if the man could have qualified. Under which set of regulations? DC has changed them at least 3 times.
But that since the ban violated the consititution, they have to get rid of unregistered gun charge.
However the defendent claimed he found the gun, so how does that square with him to a law abiding gun owner.
Posted by: RAH at November 15, 2009 10:06 AM
> However the defendent claimed he found the gun, so how does that square with him to a law abiding gun owner.
How does that claim imply that he broke any law?
What law do you think that I broke when I found a newspaper on the street yesterday?
Posted by: Andy Freeman at November 17, 2009 08:45 AM