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DC Circuit strikes down DC gun law
How Appealing Blog ^ | 03/08/2007 | Howard Bashman

Posted on 03/09/2007 8:10:02 AM PST by cryptical

Edited on 03/09/2007 10:38:14 AM PST by Admin Moderator. [history]

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To: ArrogantBustard

once again thank you for clearing that up for me i just read it wrong the first time. I am from Illinois and fighting the rising obamanation.


121 posted on 03/09/2007 9:08:43 AM PST by lakeman (when a marine kills the only thing he feels is the recoil of his rifle)
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To: cryptical

Sweet victory...


122 posted on 03/09/2007 9:09:07 AM PST by Natchez Hawk ("Truth: the anti-drug war")
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To: cryptical

Alright! As a native Washingtonian and as someone whose sister was held up at gun point in a 'nice' area of DC, I'm happy to hear this.


123 posted on 03/09/2007 9:10:40 AM PST by radiohead (They call me DOCTOR radiohead.)
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To: Alberta's Child

Doesn't NYC STILL ignore this Federal law?


124 posted on 03/09/2007 9:10:41 AM PST by jonathanmo (Who Is Bob Stump and why didn't he run for President in 2000 ?)
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To: robertpaulsen

ping


125 posted on 03/09/2007 9:10:43 AM PST by jmc813 (Rudy Giuliani as the Republican nominee is like Martin Luther being Pope.)
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To: frithguild
Constitution Ping!

Garde la Foi, mes amis! Nous nous sommes les sauveurs de la République! Maintenant et Toujours!
(Keep the Faith, my friends! We are the saviors of the Republic! Now and Forever!)

LonePalm, le Républicain du verre cassé (The Broken Glass Republican)

126 posted on 03/09/2007 9:11:14 AM PST by LonePalm (Commander and Chef)
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To: cryptical

I'm stunned anyone in the judiciary "gets it." Good news indeed.


127 posted on 03/09/2007 9:11:33 AM PST by Tijeras_Slim
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To: Ditto

In a 1981 column he advocated "a law that says anyone found in possession of a handgun except a legitimate officer of the law goes to jail -- period." In 1985 he called for "a complete and universal federal ban on the sale, manufacture, importation and possession of a handgun (except for authorized police and military personnel)."


128 posted on 03/09/2007 9:12:38 AM PST by PurpleMan
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To: Congressman Billybob

Boy, my strong support for your candidacy just went down a notch or two. Never pictured you as one of the "it's inevitable so lay down and enjoy it" types.


129 posted on 03/09/2007 9:14:30 AM PST by CharlesWayneCT
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To: Dead Corpse

I am sitting here wondering why this is not being reported on any news channel...even FNC has no coverage...unless I've overlooked it.


130 posted on 03/09/2007 9:14:33 AM PST by cbkaty (I may not always post...but I am always here......)
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To: cryptical
Oops, I just realized a down side to this...

The drunken and drugged up Kennedy Klan can now pack heat while in D.C.

/s

131 posted on 03/09/2007 9:14:45 AM PST by Condor51 (Rudy makes John Kerry look like a Right Wing 'Gun Nut' Extremist)
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To: Uncledave
I think Rudy has a unique political opportunity to say he respects the ruling.

That's what I was thinking. If Rudy would come out and say that, and also promise (to his credit, Rudy does seem to be one of those rare politicians who tries to keep his political promises) that he would VETO any so-called assault weapon ban, I would be MUCH more likely to vote for him...

132 posted on 03/09/2007 9:15:39 AM PST by piytar
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To: Dead Corpse

I'll second that W00t!!


133 posted on 03/09/2007 9:18:27 AM PST by flashbunny (<--- Free Anti-Rino graphics! See Rudy the Rino get exposed as a liberal with his own words!)
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To: goldstategop

This is a great ruling, but I do see an issue - I wish this was a ruling against a state's ban on weapons. Why? Because the 2A has not yet been incorporated as applying to the states as most of the BOR has been. DC is a federal district, not a state. It is alrady clear the BOR applies against the feds.

Read up on the "incorporation doctrine"/"doctrine of incorporation" and 14A and you'll soon see the potential problem.

It is great that the court recognized 2A as a fundamental right, but the question remains whether or not the Supremes would 1. uphold this reversal so that the people in DC can defend themselves and 2. If the Supremes agree that it is an indivicual right, whether or not it is "fundamental" enough to apply against the states.

The "incorporation doctrine" is the nemesis here. Mind you this is a power the black robe royalty vested upon itself and does NOT appear in the Constitution.

The Supreme Court basically claimed the power to decide which rights are fundamental enough that they must also apply to the states.

Ever wonder why 1A applies against the states when 1A clearly states "CONGRESS shall make no law....."? B/C the Supreems declared it was fundamental.


134 posted on 03/09/2007 9:18:30 AM PST by KeyesPlease
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To: cryptical

Wow! Great news.


135 posted on 03/09/2007 9:19:34 AM PST by Reagan is King (Those who say it cannot be done should not interrupt the people doing it)
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To: cryptical
Judge Laurence H. Silberman

Judge, U. S. Court of Appeals for District of Columbia Circuit Nominated by Ronald Reagan on September 11, 1985, to a new seat created by 98 Stat. 333; Confirmed by the Senate on October 25, 1985, and received commission on October 28, 1985. Assumed senior status on November 1, 2000.

136 posted on 03/09/2007 9:19:41 AM PST by Reaganwuzthebest
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To: ArrogantBustard
If this holds up, I see a crime-surge in Maryland's future.

How could it get any worse? Metro is nothing but a "crime pump" moving crime from D.C. to the suburbs and then back home again.

137 posted on 03/09/2007 9:19:43 AM PST by BearCub
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To: KeyesPlease

Sorry...should read:

"It is great that the court recognized 2A as an INDIVIDUAL right..."


138 posted on 03/09/2007 9:20:45 AM PST by KeyesPlease
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To: lakeman
No harm, no foul ... The good folks in MD need do to wake up. It's the easiest thing in the world for Joe Gangbanger to walk across the border from DC to MD. Given any incentive at all to do so, he will. In droves.

fighting the rising obamanation.

Good luck with that.

139 posted on 03/09/2007 9:21:43 AM PST by ArrogantBustard (Western Civilisation is aborting, buggering, and contracepting itself out of existence.)
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To: The KG9 Kid
Eh... your are reading dingbats dissent at that point. I kinda liked this one from pg 54...

Reasonable restrictions also might be thought consistent with a “well regulated Militia.” The registration of firearms gives the government information as to how many people would be armed for militia service if called up. Reasonable firearm proficiency testing would both promote public safety and produce better candidates for military service. Personal characteristics, such as insanity or felonious conduct, that make gun ownership dangerous to society also make someone unsuitable for service in the militia. Cf. D.C. Code § 49-401 (excluding “idiots, lunatics, common drunkards, vagabonds, paupers, and persons convicted of any infamous crime” from militia duty). On the other hand, it does not follow that a person who is unsuitable for militia service has no right to keep and bear arms. A physically disabled person, for instance, might not be able to participate in even the most rudimentary organized militia. But this person would still have the right to keep and bear arms, just as men over the age of forty-five and women would have that right, even though our nation has traditionally excluded them from membership in the militia.

140 posted on 03/09/2007 9:21:55 AM PST by Dead Corpse (What would a free man do?)
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