D.C. will Appeal Second Amendment Court Decision

Gun Watch ^ | 30 October, 2014 | Dean Weingarten

[marktwain]

Legal Carry in D.C., for a Brief Period

In July, Judge Frederick Scullin Jr.  ruled that the District of Columbia's ban on the carry of weapons outside the home for self defense was unconstitutional under the second amendment.  For a brief few days, the second amendment was respected in the District of Columbia.   The judge granted a stay until 22 October, for the  D.C. government to pass a new law that would meet constitutional requirements.

The D.C. government passed a new law, one of the most restrictive in the nation, that Alan Gura, counsel for the plaintiff's, characterized as a "practical destruction of the right to bear arms" .  The law gives the police chief power to reject and restrict any applicant's ability to carry outside the home for self defense.    Gura challenged the new legislation, but Judge Scullin has yet to make a decision on it.

The D.C. government asked that Judge Scullin reconsider his ruling.  Judge Scullin suggested that the government attorneys had not read his original decision, a rather strong rebuff.

The D.C. government has decided to appeal the original ruling to the D.C. appeals court.   This is the court that Harry Reid recently used the "nuclear option" to pack with Obama appointees.   It shall be very interesting to see how that court rules, and to see how Judge Scullin rules on the D.C. government attempt to create a bureaucratic ban on carrying outside the home to take the place of the outright ban.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
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[marktwain]

Alan Gura continues to work toward a Supreme Court recognition of the right to arms outside of the home.

[Kickass Conservative]

Is the word “home” spelled out in the Second Amendment?

I must have missed it...

[marktwain]

You are of course, correct.

The words “Shall not be Infringed” are also very clear.

Gura is working to push the court into a corner they cannot get out of. The Heller decision did not come from hard core originalism. It came because second amendment supporters had long ago won the argument in the public mind.

If Republicans had appointed principled conservatives instead of “progressives” to the bench for the last 50 years, we would not be where we are today.

[GeronL]

The left never gives up. Once they win, it is “our side” who capitulates readily

[Ruy Dias de Bivar]

Dred Scott vs Sanford.
What the SCOTUS thought about gun control in the pre Civil War era.

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0060_0393_ZO.html

“It would give to persons of the negro race, who were recognised as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished;

and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs,
and to KEEP AND CARRY ARMS wherever they went.”

[Reno89519]

This raises the question I’ve always wonder is why haven’t African-Americans protested gun bans since they are most stringently applied in cities where there are substantial, if not majority African-American populations? These restrictive laws, often imposed by racist white Democrats, affect predominantly African-Americans.

[Nailbiter]

Jom Crow laws

[Vendome]

It was a homily....

Homey...

LOL

“Geeze! I crack myself up”

(Maverick)

[Vendome]

Every state in the union has a constitution which spells out the right of the citizens to own arms.

D.C., of course, is not a state. However, the Act of 1871 states that the District of Columbia adopts the US Constitution as theirs.

So, The Right of the People to Keep and Bear Arms is sacrosanct.

[marktwain]

There are six states that do *not* explicitly protect the right to keep and bear arms. Not surprisingly several of them are where the right the keep and bear arms are most restricted. They are:

California (wanted to be sure to be able to disarm Mexicans and Chinese)

Iowa

Maryland

Minnesota

New Jersey

New York

http://www.keepandbeararms.com/information/XcIBViewItem.asp?ID=841

[marktwain]

why haven’t African-Americans protested gun bans since they are most stringently applied in cities where there are substantial, if not majority African-American populations?

This article takes a stab at it.

http://gunwatch.blogspot.com/2013/07/a-statistician-explains-conundrum-by.html

[Vendome]

Once again, proving I’m not the know it all I generally think I am.

[marktwain]

The state of law in those states show how important the state constitutions are.