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DC's compliance with Heller
An article at Reason Online.
Via Instapundit....
12 Comments | Leave a comment
Wow!
I guess Washington DC is going to learn what it feels like to be a crash test dummy.
I hope Alan Gura & team go after DC again but this time challenging registration as unconstitutional. (Just tell me where to make a donation.) We don't need government permission to exercise out constitutional rights especially in our own homes. Fenty and the other dimwits in DC are thumbing their noses at SCOTUS and intentionally making it difficult for DC residents to exercise their fundamental rights. I think SCOTUS would be very interested in teaching them a lesson. Once we win the registration challenge for commonly available firearms, that will open up the very restrictive states for challenge and subsequent incorporation.
Hello, Congress You hoo, where are you?
I hope Alan Gura & team go after DC again but this time challenging registration as unconstitutional.
Umm, yeah, that last vote was 5-4. Too close for comfort. To think that they Justices would hold together against registration might be asking a bit much. If Stevens thinks registration is 'reasonable', we're done and done.
I'd rather hold my breath for Janice Rogers Brown to get appointed and try then.
Agree with eye on the ball, don't go down the DC rat hole.
Gura will be busy in Chicago going after incorporation and the city's onerous RE-registration rules. He may feel that the time is not right to tackle registration, per se.
He has a site set up here, with info about contributing.
On to Chicago! No doubt the senator from Chicago, that well-known "life-long" supporter of the 2nd Amendment, will be there to help.
But it seems to me DC's ban on semi-automatic "machine guns" is ripe for a smack-down.
"Hello, Congress You hoo, where are you?"
See:
http://thehill.com/leading-the-news/dems-pressured-on-guns-2008-07-22.html
As for keeping one's eye on the ball, this has already been taken care of - there's already a suit against Chicago & SF. That's not going away, and will (I believe) be decided in favor of incorporation.
What DC is trying to do is important on 3 levels (well, actually, STOPPING DC is important):
1) Semi-autos continue to be banned. This should be challenged, and DC will lose. Along with the challenge, DC's absurd definition of a machine gun as any firearm that fires, or can be made to fire, more than 12 shots without manual reloading will go down. BTW, I think it'd be interesting if someone showed up with a revolver that held, say, 20 shots - like THIS one: http://www.thehighroad.org/showthread.php?t=137508
I imagine that DC would confiscate it as illegal contraband, setting up an issue of "how can DC treat one revolver differently than another?" Similarly, I wonder if there's a semi-auto handgun with a fixed magazine of less than 12 rounds - if so, DC MUST register the gun, setting up the identical case with semi-autos.
2) DC's registration scheme SHOULD BE challenged. Even the most optimistic observers say that the process will take at least 4 weeks. Can anyone imagine a 4-week approval process to join a church or purchase a bible (or, for that matter, ANY permitting system for those things)?
3) DC has defied the Supreme Court with its provision that even a legally registered revolver in the home must be unloaded and either disassembled or locked - until a threat presents itself. First off, this is DIRECTLY contradicting what Scalia's opinion said about inhibiting or preventing self-defense. Second - disassemble a REVOLVER? Are they joking?
Sometimes I seriously consider that Mayor Fenty is on retainer for some gun rights organization - he's simply handing this stuff to Gura on a silver platter. On second thought, no, he's not - he's simply so arrogant that he cannot conceive of losing. I can't wait for the Supremes to smack him down (or the DC Circuit).
I wonder if there's a semi-auto handgun with a fixed magazine of less than 12 rounds - if so, DC MUST register the gun, setting up the identical case with semi-autos
The 1896 "Broomhandle" C-96 Mauser. Top loading, 10-shot, 9mm, 112 years old, curio and relic. Don't know if I'd want the DC Police handling my collectibles, though.
The link
http://www.thehighroad.org/showthread.php?t=137508
requires registration to see the photos
Keep your eye on the ball. The "ball" is incorporation, not whether D.C. would actually charge someone inside his own home who had used used his gun in self-defense -- but who had not had his legally registered gun inside a gun safe before it was needed.
Keep your eye on the ball, not on the distractions.
D.C. lost. Now they're trying to say things to convince people they didn't lose. They're blustering.