Posted on 07/29/2008 2:00:44 PM PDT by 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...
(Excerpt) Read more at washingtonpost.com ...
What this piece of excrement won't admit is that he *wants* this to be a long fight.And that once this fight is resolved there'll be *another* defiant,unconstitutional law enacted and there'll be *another* "long fight"..........
Ding! Ding! Ding! You win!
My understanding is that the Supreme Court does not take kindly to government entities flouting a ruling.
We do indeed have such a solution available to us! Have you considered joining the vigilance committee?
If joining the committee is not what you prefer, perhaps you might perfer to think along the lines of article VI of the United States Constitution which states;
"...This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. ..."This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding...."
From the wording of paragraph 2 of section VI, two things are easily discernible.
The choice is ours, either we press our representatives to obey the law they have sworn to uphold, or, we implement some form of vigilantism to do the job we elected them to do.
Do you mean “this” Supreme Court???
Filing a restraining order against our government does sound like an interesting concept...I keep thinking how funny it would be to actually go somewhere and attempt to file one...Just to see the reaction...
Going to be hard to enforce though...Seeings how close the government is to us at every turn of our day...And night...
Exactly.
I was thinking of a very limited order against the government of DC, probably an unconstitutional body anyway, since the Constitution says Congress has exclusive legislative authority over DC. But be that as it may, an order restraining DC from enforcing any gun law, until they come up with one that the Supreme Court, or even just the DC Circuit Court, explicitly signs off on, would concentrate their minds, if any, don't you think?
Absolutely...
Sue them and then sue them again. Keep suing until they give up.
You answered your own question, djsherin.
The capital of the greatest and freest country on earth is filled with socialist government rats. The capital has been infested with progressive Marxist scum since Woodrow Wilson. And it’s getting worse...
I know Heller’s lawyer, Halbrook, and his parents and siblings. His parents however are deceased. He recently wrote a book on the second amendment which my library bought. It would make interesting reading for this discussion. However, I haven’t read it yet. Halbrook has worked on such issues most of his career.
His new book published in June is: Founder’s Second Amendment: Origins of the Right to bear arms.
Hammer those clowns until they submit! Communists can never be given an inch, look what it has led us to so far.
To an intelligent judge, it should take about as long as it takes to read the petition and grab the gavel.
Please, God forbid.
Certiorari I suspect.
You're forgetting that the Bush Justice Dept's brief was in favor of the D.C. law.
I think you’re correct.
Listen carefully, we have slowly evolved into a police state under corrupt power hungry greedy politicians. It is evident that the Constitution is a worthless piece of paper and there is no agency within he Government with the will to support it. As the electronic stage grew, so the box will get even smaller. Just watch as your freedoms disappear. Apply this power and all guns in the hands of us citizens will no longer be tolerated. And it is always for the betterment of the people.
And unfortunately we have a candidate for president who makes Bob Dole look like Charlton Heston (Moses)...
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