Posted on 07/31/2007 11:09:50 AM PDT by neverdem
A wealthy libertarian is bankrolling a challenge to D.C.’s gun regulations—the most restrictive in the country. What drives him—and his take on whether the case will go to the Supreme Court.
The District of Columbia has the most restrictive gun laws in the country. But that’s a distinction the nation’s capital will soon lose—if Robert Levy prevails. Levy was born in Washington, but left years ago; a resident of Naples, Fla., who made a fortune as an investment analyst, he is now a senior fellow in constitutional studies at the libertarian Cato Institute. A critic of what he sees as unnecessary government regulation, he rounded up six D.C. plaintiffs who either owned firearms or wanted to, for self-protection, and helped bankroll their challenge to the city’s gun law—which makes it illegal to own or possess an unregistered handgun (D.C. stopped registering handguns back in 1978). The city permits registered “long” guns like shotguns and rifles, but they must be disassembled or disabled with trigger locks, and it’s illegal to use a firearm of any kind in self-defense—even in the owner’s home. The suit, which is being bankrolled by Levy, has been successful so far; in March, the U.S. Court of Appeals for the D.C. Circuit found the gun law unconstitutional. Earlier this month, D.C. officials announced plans to take the case (Parker v. District of Columbia) to the Supreme Court, in hopes of having the appeals court’s ruling overturned. If the high court agrees to hear Parker, it could finally settle one of the biggest arguments in constitutional law: whether the Second Amendment’s right to “keep and bear arms” is an individual right or was meant to apply only to members of a “well-regulated militia.” NEWSWEEK’s Daren Briscoe spoke with Levy about the suit’s prospects, and what drove him to...
(Excerpt) Read more at msnbc.msn.com ...
I would guess that many members of such "gangs" are felons, whose possession of such guns is already a crime.
As has been stated ad nauseam, gun laws only affect law abiding gun owners. Criminals ignore them.
You probably already know this, but I wanted to insert the section of the US Code that backs you up:
TITLE 10, Subtitle A, PART I, CHAPTER 13, Section 311. Militia: composition and classes.
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
Pretty much means just about everyone in the USA is either part of the militia or “retired” from it. If the person has prior military service, the age is extended to 64. With retirement ages increasing, and in time of need, I am sure the upper age range would be waiverable.
"There is no Declaration of Rights, and the laws of the general government being paramount to the laws and constitution of the several States, the Declarations of Rights in the separate States are no security. Nor are the people secured even in the enjoyment of the benefit of the common law."
His reasons for wanting a declaration of common Rights for all US citizens is as valid now as it was then. In fact, more so seeing as how the States and the FedGov both seem bent on destroying our Republic and our liberties.
(Pssssst.)
(I have a little secret.)
(I'm gonna tell you.)
(They already are.)
“I would NEVER obey a law that made it illegal for me to defend myself. It violates a right that pre-existed the law itself and which is essential to repelling aggression against one’s person. Whatever the merit of banning guns might be, NO government has the right to forbid ANY ONE from defending their life.”
BUMP
FRegards
Title 10 should be required reading (study) in every high school in the U.S.A.
Are you saying that the Constitution and the BOR doesn’t apply to DC?
In addition, the equal rights laws prohibit discrimination based on gender and color so pretty much everyone is included in the responsibilities of the unorganized militia. Also, the Militia Act only defines a period of potential service to the Nation, not the keeping and bearing of arms. It takes a tool (the 2nd Amendment), provided by the Constitution, and uses it in the defense of the country by the People.
But that is my dime-store legal opinion. If you add $1, you can buy a lottery ticket with it.
The 'National Guard' was a long way off, temporally.
Unfortunatly, it does not seem to be required reading anywhere....
I’ve visited DC a couple of times, and I grew up near LA. Widespread carry of firearms would be the best thing that could happen to either place. IMHO.
Gangbangers want respect. They want it, they have to give it, if everyone carries. Otherwise, they become an endangered species, as was shown repeatedly in the Old West.
Where did you find that exception?
It’ll work best against gang-bangers if folks realize that “scope” isn’t just the name of a mouthwash....
That's the essence of the "Dissent" in Parker.
Thus, in DC, women aren't allowed to vote and it's legal for one man to own another as property.
As a freeper wrote two weeks ago, and I paraphrase,”The modern question of whether the right is collective or individual is without meaning, because the 2nd was not written for citizens, but written for government- that is written directly to government, like most of the Constitution is.
The Constitution certainly applies to DC,...helped create it! And defined the government that would run it!
Congress is far more free to do with DC and those under its jurisdiction (which is everyone now) than people realize. It used to be just those born in DC and territories. But since it got into the citizenship business we all bought in and now it is all of us. I'm saying you just can't find anyone closely enough connected to a real State by Citizenship to that State to be able to claim its protections from what DC wills. Read the Constitution of your State sometime. That's where your rights are guaranteed. The federal zone has spread everywhere and everyone is under it.
When you have some time, lots of it, like a rainy day, read my about page. It's too long. Sorry for that.
I like what Cato does, too...but they ARE Libertarian-inclined (or openly so,) which means that they are not writing Holy Writ all the time.
So what? Better that Cato joins with Heritage, AEI, etc., than against ‘em!
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