Posted on 12/16/2021 4:04:41 AM PST by marktwain
On September 8, 2021, Dick Anthony Heller, his associates and attorneys, filed a lawsuit against the District of Columbia for their infringements on Second Amendment rights by banning the individual manufacture of firearms. It has a good chance of restoring some Second Amendment rights because the District of Columbia has been very hostile to the Second Amendment since it was given a large amount of self-rule in 1976. From the lawsuit:
After gaining home rule from the United States Congress in 1976, the District of Columbia’s elected officials have adhered to a policy of self government for me, but no self defense for thee. Indeed, the District is notorious for its antipathy to the right to keep and bear arms guaranteed to the people of the United States by the Second Amendment to the Constitution. From the outset of home rule, the District enacted wide ranging restrictions on firearms. See D.C. Law 1-85, Firearms Control Regulations Act of 1975 (effective September 24,1976). However, successive court decisions have steadily struck down District laws which infringe the right to keep and bear arms. Today, the District, unrepentant and reckless, continues to pass laws violating the Second Amendment. Often the District’s actions rest on utterly false application of basic concepts in firearms technology and regulation well established under Federal law. If the situation continues, District law would deny the people the means to exercise their Second Amendment rights and unintentionally outlaw existing firearms lawfully in the hands of both the people and the police.
The lawsuit quickly gets to the meat of the matter. The District of Columbia bans all manufacture of firearms, and only allows the loading of ammunition for oneself, for registered firearms. From the lawsuit:
§ 72504.01. Manufacture of firearms, destructive devices or ammunition prohibited; requirement
(Excerpt) Read more at ammoland.com ...
DC was granted self rule by the Congress in 1976. That appears to have been a mistake.
He beat them once in the 2008 Heller v. D.C. decision. Let's see if he can do it again.
The District needs to be heavily sanctioned by the Court for this garbage.
L
Going out on a limb here.
Just as with our present POTUS, someone is pulling the strings in the DC government.
Close to half of DC gov’t funding comes from Congress.
IMO, there is not a Federal government politician in DC who would not be ecstatic to see the citizenry disarmed.....they just wouldn’t say it out loud
That Congress cut off aid to the Republic of Vietnam.
That Congress granted self-rule to the District of Columbia.
That Congress did a lot of bad things.
Indeed.
“...After gaining home rule from the United States Congress in 1976”
There is an entire body of law, derived from the "non-delegation" rule, which says Congress cannot delegate its legislative responsibilities to another entity, because to do so circumvents the entire structure of the checks and balances of the Constitution.
The non-delegation rule has been mostly ignored for decades of Progressive dominance in the Congress, the Executive branch, and the Courts. One of the key parts of Progressive philosophy is to ignore and re-interpret a "living Constitution", specifically to build more unitary government power.
Congress is responsible for legislating for DC “in all cases whatsoever”.
That phrase had a specific meaning for the authors of Article I (you could look it up).
One of the things it meant (and still does) is that “laws” passed by the “DC government” are not laws at all.
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