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- - Breaking: Heller Files New Gun Case, Takes Aim at Semiauto Ban (http://goldismoney.info/forums/showthread.php?t=286937)

Black Blade | 07-28-2008 10:13 PM
Breaking: Heller Files New Gun Case, Takes Aim at Semiauto Ban Breaking: Heller Files New Gun Case, Takes Aim at Semiauto Ban Posted by Mike DeBonis on Jul. 28, 2008, at 3:46 pm Dick Anthony Heller, who successfully challenged the District�s handgun ban in a landmark Supreme Court decision, is again suing the District of Columbia, LL has learned. According to a complaint obtained by LL, Heller, along with co-plaintiffs Absalom M. Jordan Jr., and Amy McVey, are taking particular aim at the effective ban of semiautomatic pistols by the District�s gun regulations, which in essence ban all semiautomatic weapons as �machine guns.� The lawsuit also takes two other exceptions to the District�s new gun regs. One is that the District�s registration process is unduly �onerous,� citing specifically the legislatively unrestricted fees that can be levied on a gun registrant. The other count holds that the District�s doctrine that a gun can only be loaded in the presence of a �reasonably perceived threat of immediate harm� constitutes a unreasonable infringement of handgun owners� rights under the Heller decision. The suit asks the court to issue injunctions that would (a) allow semiautomatic weapons that hold fewer than 12 rounds, (b) order the District to register handguns without a ballistics test, and (c) order the District not to enforce the �reasonably perceived threat� part of the handgun law. When the new gun regulations were announced earlier this month, acting attorney general Peter Nickles told reporters he was certain that new lawsuits would be filed in response. More to come. UPDATE, 4:45 P.M.: Jordan says he attempted to register a .22-caliber Smith & Wesson Model 45 target pistol but was turned away by police. Had he actually brought the gun to police headquarters to register it, he says, �the police officer who was there told me they would have arrested me.� That weapon is one he had registered in the District until the mid-1970s, when the District�s handgun ban was put into place. Since them he says, he�s kept it and other weapons outside the District in safekeeping. Jordan did successfully submit a revolver for registration. Like several observers, Jordan compares the District�s perceived reticence to comply with the courts with such tactics during the civil rights movement. �This reminds me of massive resistance. It reminds me of Orval Faubus, Lester Maddox with a baseball bat. It reminds me of George Wallace.� UPDATE, 4:55 P.M.: Here is the complaint [PDF]. UPDATE, 5:43 P.M.: Nickles says the suit was �no surprise.� Nickles says there is a �fundamental conflict� between Heller & Co. and the the Supreme Court�s decision. �They don�t like the idea of having any standards of when you can load the gun for self-defense,� Nickles says of the plaintiffs. The decision, he says, �didn�t say you can have a handgun loaded in the home in the event you might have a feeling to use it for whatever.� This entry was posted on Monday, July 28th, 2008 at 3:46 pm and is filed under Guns, Law, Politics. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed. 6 Responses to �Breaking: Heller Files New Gun Case, Takes Aim at Semiauto Ban� Bob Smith Says: July 28th, 2008 at 4:30 pm Geez, DC has just got to get their act together on this. Whether you favor the ban or not, DC is going to loose. I�d rather avoid paying for any more lawsuits or invite congressional interference. Come on Fenty & co. You lost. Get over it and lets move on. Will Says: July 28th, 2008 at 4:53 pm I�m already tired of Heller. I should�ve known he�d be a publicity hound when the pictures of him signing autographs outside the Supreme Court came out. curtis41 Says: July 28th, 2008 at 5:23 pm I sincerely hope House Resolution 1331 can be brought to a vote on the floor. D.C. is WAY out of line, they have not just thumbed their nose at the Supreme Court, they have given them AND the U.S. Constitution the middle finger. Bob Smith above is right, D.C. and Nickles have almost cried out for Congressional decision-making on this issue. I think it requisite for these representatives of the District that their shoe size and I.Q. on Constitutional law must be equal. They are doing a horrible disservice to the residents of D.C. and should be tarred and feathered next election. In the interim, the stakes for NOT following the ruling and order in DC v Heller are now much greater. If necessary, they will be told by Congress what they should have done in the first place. Go, Dick, go! It is wonderful to see a true patriot American in a virtual sea of dumb. Nick Says: July 28th, 2008 at 5:26 pm I�m glad Heller is doing this - the DC government�s emergency legislation on this was a big middle finger to the Supreme Court and law-abiding citizens that want to own a firearm. And, to second Bob Smith�s comments, this is a total waste of taxpayer money on the part of the city - they�re going to lose, they know it, but I guess they wanted to make political hay. DouchebagFenty Says: July 28th, 2008 at 6:36 pm All your handguns are belong to me!!!!! Stephen McGuire Says: July 28th, 2008 at 7:18 pm Will said he is tired of Heller, and that he is a publicity hound for signing autographs. If you are tired of Heller, tell the D.C. government to quit both noodling around with the Supreme Court and standing in the school house door. http://www.washingtoncitypaper.com/b...t-semiauto-ban

SirCruz | 07-28-2008 10:27 PM
Re: Breaking: Heller Files New Gun Case, Takes Aim at Semiauto Ban Quote:
Originally Posted by skyvike (Post 1213248) I thoght the Heller case was a non-starter in the first place. Read the Constitution. Congress has exclusive authority in DC. CONGRESS can ban guns there if they want. They can ban fingernail clippers if they want. :-)
WRONG!!.....They can not infringe on citizen RIGHTS!! Second Amendment shall not be infringed!!...PERIOD!

107.8682 | 07-28-2008 10:39 PM
Re: Breaking: Heller Files New Gun Case, Takes Aim at Semiauto Ban Quote:
Originally Posted by skyvike (Post 1213248) I thoght the Heller case was a non-starter in the first place. Read the Constitution. Congress has exclusive authority in DC. CONGRESS can ban guns there if they want. They can ban fingernail clippers if they want. :-)
Congressional authority over the District of Corruption is equivalent to state authority over the respective states. In order to ban firearms, a constitutional amendment repealing the Second Amendment is required.

107.8682 | 07-28-2008 11:12 PM
Re: Breaking: Heller Files New Gun Case, Takes Aim at Semiauto Ban Quote:
Originally Posted by skyvike (Post 1213290) We must be reading different constitutions. Do you have a source to support this assertion?
With all due respect, you are misreading your earlier quoted passage. "Article I "Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." There are limits to that legislative power. Both over the states and the District of Corruption. The Congress simply does not have authority to override the Constitution for any part of the united States, including DC. Do they override the Constitution? Yes, of course. But authority and action are two different things.

Black Blade | 07-28-2008 11:42 PM
Re: Breaking: Heller Files New Gun Case, Takes Aim at Semiauto Ban Fortunately we have a Supreme Court that determines the "Constitutionality" of any laws. They can simply tell Congress (or any law-making body) that they are off base and the law is "null and void", as they did in the most recent Heller decision. The Washington D.C. mayor and the Council are just begging for a lawsuit as they are simply looking to subvert a settled SCOTUS case by imposing onerous restrictions.

Saul Mine | 07-29-2008 03:13 AM
Re: Breaking: Heller Files New Gun Case, Takes Aim at Semiauto Ban When he gets lawmakers locked up for violations of constitutional rights, then we'll have something worth talking about.

SirCruz | 07-29-2008 10:26 AM
Re: Breaking: Heller Files New Gun Case, Takes Aim at Semiauto Ban Quote:
Originally Posted by skyvike (Post 1213350) I respectfully disagree. When it says, "To exercise exclusive Legislation in all Cases whatsoever," what do you think is excluded except the authority of the states and that of the Constitution? I read "exclusive legislation in all Cases whatsoever" to be pretty much a blank check. Where exactly are the "limits" enumerated? I mean why choose those words unless the intent was to give Congress EXCLUSIVE control of Federal territory???? I think the Constitution limits what the Federales can do to the states and to the people but it doesn't limit what it can do to ITSELF, which includes anybody living in Federal territory....
The BILL OF RIGHTS are RIGHTS not privileges!! RIGHTS Shall not be infringed...PERIOD!! You are born with them, How can any person or institution take YOUR RIGHTS away??? No matter what law is written, trying to restrict them!!

Codger | 07-29-2008 12:36 PM
Re: Breaking: Heller Files New Gun Case, Takes Aim at Semiauto Ban Skyvike is right on this. You guys are missing the point.

Twisted Avatar | 07-29-2008 01:21 PM
Re: Breaking: Heller Files New Gun Case, Takes Aim at Semiauto Ban Jordan says he attempted to register a .22-caliber Smith & Wesson Model 45 target pistol but was turned away by police. Had he actually brought the gun to police headquarters to register it, he says, �the police officer who was there told me they would have arrested me.� That weapon is one he had registered in the District until the mid-1970s, when the District�s handgun ban was put into place. Since them he says, he�s kept it and other weapons outside the District in safekeeping. Jordan did successfully submit a revolver for registration. If you somehow have a firearm in your possesion "free and clear".......YOU DONT EVER TAKE IT TO GET REGISTERED.......THAT IS YOUR BUSINESS AND YOUR BUSSINESS ALONE. The less they know........ the safer you are. T

jaybone | 07-29-2008 01:29 PM
Re: Breaking: Heller Files New Gun Case, Takes Aim at Semiauto Ban While I do not agree that it SHOULD be so, DC is under the exclusive authority of congress, and as much as I disagree with limiting access to firearms in ANY way, the gun ban IMO is constitutional. If the ban was in Va, Md, or any other State, it would be unconstitutional. It was not. SCOTUS got this one right in spirit, but wrong in law. IS it any coincidence that DC is one of the most dangerous cities in the world?

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