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 ...
If this is not hanlded quickly at a lower level than the supreme court then more than the local govt has not quite heard or understood the decision
Statist scum. Why is the capital of the greatest and freest country on earth filled with such socialist government rats who seek nothing but the dissolution of the true rights of US citizens?
It’s the Constitution stupid.
Oh -and since liberals love to legislate from the bench it would be bad for them to find out they could overule the supreme court on any decision they did not like
after all what recourse is there if the lower courts don’t obey the supreme court?
There probably isn’t a prosecutor with the political leaning or the will to bring them up on charges of violating civil rights under the color of law.
And there it is in a nutshell. Anti-gun SOB’s.
Heller should go for legal fees too.
Also.
I’m thinking that they’re going to try and drag this for as long as it takes to get Obama into the WH, and he appoints some other SCOTUS judges to the bench.
Place the city under martial law and send in federal troops to enforce the courts decision
You: It’s the Constitution stupid.
Them: It’s just an old, brittle piece of paper, peasant.
Should file a title 18 criminal complaint. Deprivatuon of rights under color of law.
No matter what the Court rules the Socialist that run DC will never allow their citizent o have hundguns in their homes in any manner that would be useful for self protection.
Evrtytime the Courts rules in favor of the citizens the DC Government will right the new rules in such a manner to effectivepy invalidate DC cityizen having handguns and back to court it goers and on and on endlessly......
The federal courts do not take being mocked lightly. If what you say happens, then Heller and friends will end up owning D.C.
Long before that, Congress will take away the power from D.C. and mandate legislation that is in line with the Supreme Court decision.
Right. I want to see these arrogant bastards in jail.
“Years to resolve,” and “expects a long fight?” Sounds like they’re waiting for a Democrat POTUS to come and give them a different SCOTUS, doesn’t it?
They’re waiting for Mr. Heller to die.
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