Heller II: Heller Harder

Reason Magazine ^ | 28 July, 2008 | David Weigel

[marktwain]

Back on July 18, I followed 2nd Amendment case plaintiff Dick Heller to the D.C. courts and watched him begin the laborious process of registering an old revolver. The chatter in the crowd, and among reporters, was how onerous D.C.'s laws still were, even after the city's gun ban was overturned. Ten days later, Heller has a solution.

Dick Heller, et al., filed a complaint (For Declaratory Judgment, Injunctive Relief, and Writ of Mandamus) against the city today to force them to comply with the US Supreme Court ruling in the District of Columbia v. Heller and to protect our individual rights such as the right to defend ourselves in our own homes. The current regulations violate our rights in several ways such as the unconstitutional ban on semiautomatic firearms, the discretionary fee-imposition power of the police chief, the undue burden on the right to a lawful firearm in the home operable for the purpose of immediate self-defense, and in other ways.

On June 26, 2008, the United States Supreme Court held in District of Columbia v. Heller, 128 S. Ct. 2783, 2821-22 (2008), that "the District's ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense."

The District's ban on semiautomatic handguns amounts to a prohibition of an entire class of arms that is overwhelmingly chosen by American society for the lawful purpose of self-defense in the home. Semiautomatic pistols are issued to and commonly possessed by officers of the Metropolitan Police Department for self-defense and other lawful purposes.

[infowarrior]

Goose down feathers are to good for those bozo’s get a bunch of chicken feather pillows instead.

I have a couple of "Martha Stewart Specials", which shed all over the place, with Fenty's initials on them...

the infowarrior

[magslinger]

This is the 21st century. We do not tar and feather miscreants.

Use epoxy glue and packing popcorn.

[magslinger]

Yes, extralegal. Outside the law because the law comes from us, so it is neither legal nor illegal if we choose to hit the reset.

No man is above the law in a free society. Some persons of irregular birth think they are, and they need to be disabused of the notion. Legal action is to be preferred.

[Dead Corpse]

I still contend that "supra-legal" would be the more accurate term. Our original Right of self defense in the face of tyranny stands above and beyond, not just outside, of the modern legal system. There is no externality.

I'm not disagreeing with what you are saying, just how it's being said.

[William Tell]

I thought that I had read that DC was to file a response to Heller’s new suit last Thursday. Was I mistaken? Did they file anything? I’ve searched on the net but not found anything new.