D.C. Is Sued Again Over Handgun Rules

Washington Post ^ | July 29, 2008 | Del Quentin Wilber and Paul Duggan

[neverdem]

The man who successfully challenged the D.C. handgun ban before the U.S. Supreme Court filed a second federal lawsuit yesterday, alleging that the District's new gun-registration system is burdensome and continues to unlawfully outlaw most semiautomatic pistols.

Dick A. Heller, a 66-year-old security guard who lives on Capitol Hill, and two other plaintiffs allege in the lawsuit that the D.C. government violated the letter and the spirit of the landmark Supreme Court decision, issued June 26, that struck down the District's decades-old handgun ban.

The 5 to 4 ruling concluded that the Second Amendment grants individuals the right to possess guns for self-defense but said governments may impose reasonable restrictions. The lawsuit filed yesterday in U.S District Court says the District's restrictions go too far.

The suit urges U.S. District Judge Richard M. Urbina to toss most of the District's new requirements, which include ballistics tests of registered handguns. It also asks him to eliminate restrictions on semiautomatic handguns and to order D.C. police to approve the handgun applications of the three plaintiffs.

The suit could take months, if not years, to resolve. Until then, the new regulations remain in place. The District's top litigator said yesterday that he expects "a long fight" over the rules.

The District's handgun registration is limited almost entirely to revolvers; a previous D.C. law bans machine guns and includes a broad definition of such weapons, encompassing most semiautomatic pistols. Such magazine-loaded semiautomatic pistols -- the kind of...

--snip--

That rule flouts the Supreme Court decision, making it virtually impossible for a gun owner to legally use a weapon in self-defense, said Heller's attorney, Stephen P. Halbrook.

"Under the D.C. [law], a robber has to make an appointment with you so you can get your gun ready for him," Halbrook said in an interview...

[WayneS]

They don’t need to. All Congress needs to do is their job.

They need to disband the D.C. City Council, eliminate the postion of Mayor, and FOLLOW the penultimate paragraph of Article 1, Section 8 of the United States Constitution to the letter.

[TheNewPundit]

I have a question.

Why do people live in DC? Do they just feel the need to have a coked up mayor? Or is it that they love the fact that they can’t defend themselves against AK 47 wielding criminals?

[1L]

I think he filed a new application under the new regulations, which creates a separate cause of action. The enforcement of the previous matter is probably moot since new regulations were enacted.

[dr_who]

Correction. Corrupt Democrat Party Machine Statist Scum.

[iThinkBig]

I don’t argue that government has control over some police agencies such as the BATF, IRS etc. What the government will be unable to manipulate to indefinately stay in power is the US military, which has been crapped on by the Socialist party.

The US citizenship revolted against the most powerful military in the world in 1776, based on what amounts to a 3% luxury tax on particular goods and a British government that repealed the colonist representatives (One Brit governor, one American). Less then 10% of the population supported them and much of that support came very late in the war at that.

Changing a word or two here or there or to our Constitution does not change the abuse on the ground or prevent a government from attempting to intepret it the way they choose.

Historically, abuse becomes apparent to large blocs of the citizenship and they revolt, either at the voting booth of physically. And if you think the BATF of D.C. police can stop 2 million armed citizens from storming the Bastille, you should study more about history. I hope this government changes with political pressure. But change it will.

[BuffaloJack]

The DC mayor and officials are in contempt of court. The Supreme Court ought to jil the lot of them.

[BuffaloJack]

The DC mayor and officials are in contempt of court. The Supreme Court ought to jail the lot of them.

[zeugma]

We actually agree on a lot of this. I'm fully aware that during the great majority of the American Revolution, those actively supporting the war were less than 5% of the population. From an historical perspective, once you have a solid 5% that refuses to be ruled, a country is ungovernable.

The biggest obstacle that I see facing any resistance movement in this day and age, is the ability of the media to completely control the minds of the masses with the media. Any reistance is going to be instantly labeled as "terrorism" and you'll see 24x7 broadcasts beating it into people's skulls that any assistance will make them the same.

One other factor that would have to be fought is the fact that most americans blindly worship the law, no matter how stupid it is.

 

[iThinkBig]

Your analysis compares the USA to a say, Nazi Germany.

American’s are somewhat different in make-up however as our cultural heritage and how we got into economic malaise is different then the Germans of 1900-1938. The middle class taxpayer will be squeezed into oblivion over the next four years while it was the wealthy the Germans went after.

Historically, middle class begins revolutions, either voter or physical, because they are the most visible to be taxed by a failing economic State. The Nazis chose the Jews whom many ran the banking system and confiscated wealth.

The USA doesn’t necessarily need a boogeyman to confiscate property for a failed economic State. Greedy politicians in the USA supported greedy iBanks and Central Bankers. The middle class will have property confiscated by the Gov/Banking system combo. When the truth of the injustice behind it all becomes known (the Internet is not so easily muted) then the middle class will revolt either at the voting booth or physically. Nazi’s had manufacturing. The USA has offshored this wealth overseas. Some differences...

I’ll give you a personal example. My car payment for a decent convertable was 13 days late when I went on vacation and simply forgot about it. The bank sent me a certified letter stating I owed XXX, the 13 days late payment and the next payment not due until August 22nd! They can reposess the vehicle legally and despite being a solid customer for 8 years took the time to sent a certified letter. Housing is no different. The failed economic policies of the State are both the originator and the antagonist. It always ends one of three ways.

[<1/1,000,000th%]

The left will fight the law as long as they can, hoping for an Obama presidency to give them more friendly justices who will overturn the recent Supreme Court decision.

[purpleraine]

Question about the DC court system. What is the first court, Superior? Is there an appeals court or do they go straight to the USSC?