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Federal court overturns D.C. handgun ban
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Knee Draggin!
 
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Federal court overturns D.C. handgun ban - March 9, 2007, 02:49 PM

Yes common sense did finally prevail!

WASHINGTON - A federal appeals court overturned the District of Columbia's long-standing handgun ban Friday, rejecting the city's argument that the Second Amendment right to bear arms applied only to militias.
In a 2-1 decision, the judges held that the activities protected by the Second Amendment "are not limited to militia service, nor is an individual's enjoyment of the right contingent upon his or her continued intermittent enrollment in the militia."
The court also ruled the D.C. requirement that registered firearms be kept unloaded, disassembled and under trigger lock was unconstitutional.
In 2004, a lower-court judge had told six city residents that they did not have a constitutional right to own handguns. The plaintiffs include residents of high-crime neighborhoods who wanted the guns for protection.
"The district's definition of the militia is just too narrow," Judge Laurence Silberman wrote for the majority Friday. "There are too many instances of 'bear arms' indicating private use to conclude that the drafters intended only a military sense."
Judge Karen Henderson dissented, writing that the Second Amendment does not apply to the District of Columbia because it is not a state.
The Bush administration has endorsed individual gun-ownership rights, but the Supreme Court has never settled the issue.
If the dispute makes it to the high court, it would be the first case in nearly 70 years to address the Second Amendment's scope.
Even as the appeals court overturned the D.C. ban on most handgun ownership, Silberman wrote that the Second Amendment is still "subject to the same sort of reasonable restrictions that have been recognized as limiting, for instance, the First Amendment."
Such restrictions might include gun registration to provide the government with information about how many people would be armed if militia service was required, firearms testing to promote public safety or restrictions on gun ownership for criminals or those deemed mentally ill.
A spokeswoman for the district attorney general's office would not comment on the ruling.

WWW.MSNBC.COM

Last edited by DUC999; March 9, 2007 at 03:02 PM..
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March 9, 2007, 02:55 PM

Hmm...Wonder whats the next step.


“People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.”
-George Orwell


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March 9, 2007, 02:58 PM

And to think....just yesterday I was a criminal. Now I'm back to upstanding citizen status.

woo-fukn-hoo.



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March 9, 2007, 02:59 PM

Where did you get this article from?


“People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.”
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March 9, 2007, 03:01 PM

Everyone - the law hasnt changed. You still CANNOT CARRY a pistol in D.C. From what Im reading, it stil has to go through another appeals process.


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March 9, 2007, 03:04 PM

Quote:
Originally Posted by Scorpion9R
Hmm...Wonder whats the next step.

I thought you already knew....you know...wild, wild west and whatnot? Tonight will be total anarchy cause everyone is going to run out and buy a handgun.

Thats why I'm jumping on the bike tonight and me and a few others are taking a cruise past G-dubbs crib. When we go past we're going to squeeze a few off in the air like a posse of Wild Billy's.



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March 9, 2007, 03:08 PM

Glad to see the peoples rights are being protected.


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March 9, 2007, 04:40 PM

DC is not a state, but yet they have decided to outlaw guns to American citizens in the heart of the Nation. It would seem this was org'ly done to stop or lower the murder rate in DC at the time. Wonder why that hasnt and wouldnt work in other major crime cities either.
Love that saying...."The victim has rights..." Yea no doubt, and so does the guy that just blew away your family member.
Biometeric triggers or safeties would be a great idea, but alass you can get around biometerics as well.


"If brains were gas. You wouldnt have enough gas, to drive a piss-ants' motorcycle, half-way around a BB."
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March 9, 2007, 04:51 PM

How about sell all the guns you want...and set the price for bullets at around $10K a pop.



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March 9, 2007, 05:03 PM

Only one problem with that. Last time I checked a crack dealer had a lot more cash than a metro worker... so you still have the same exact problem.


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March 9, 2007, 05:08 PM

Yeah, but having to shell out 10 large to bust that cap....they probably had a good reason.




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March 9, 2007, 05:15 PM

Unless they're rollin

Other problem is people have cache's of ammo you couldnt clean out for 50 years, especially in the pre-litigation.. makes this whole thing kinda silly. You'd have people cleaning out the gun stores like milk before a snowstorm.


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March 9, 2007, 05:17 PM

I know man. I'm just fukn around. Am I going to see you at Champions on Sun?



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March 9, 2007, 05:27 PM

Sho nuff sucka, I'll be there. Look forward to seeing you, it's been about 7 months


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March 9, 2007, 05:35 PM

It appears that DC is going to appeal this ruling and it is likely that it will reach the Supreme Court. The ban is supposed to be lifted in April and this does not cover the issuance of Conceal Carry Weapons Permits. This only applies to you being able to keep the handgun in your home.

If I am not mistaken, you have still been able to keep shotguns and rifles in the home.

I predict this will have zero effect on crime. The stupid ass assistant chief of police was already complaining that this is going to put guns in the hands of children. The stupidity in this city is stifiling sometimes. As if legal gun ownership put guns into the hands of children. Oh well, if there is any change in the crime rate....it will be a decrease.
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