View Full Version : D.C. gun ban NOT
mrmiskin
03-19-2008, 02:18 PM
Well it was overturned, cant find it on the front page. or the next page actually had to search for it. then it was about all the counties that border dc worried about the crime rate going up. liberal news agencies are 75% of the problem thank god for fox.
Rocky Raab
03-19-2008, 04:10 PM
You are several months premature. The oral arguments were presented yesterday, but there will not be a SCOTUS decision delivered for weeks yet.
The SCOTUS session ends in late June, so it could be that long before we hear. As usual, the media cannot wait for anything as trivial as facts.
The Supreme Court ruling is expected in July.
There have been several news reports, based on the arguments (NOT the ruling!), saying that the court is against the D.C gun ban, based on what questions the Supreme Court justices asked of the attorneys representing both sides. That's just supposition, not a ruling.
Aim to maim
03-19-2008, 08:07 PM
Originally posted by Rocky Raab
You are several months premature. The oral arguments were presented yesterday, but there will not be a SCOTUS decision delivered for weeks yet.
The SCOTUS session ends in late June, so it could be that long before we hear. As usual, the media cannot wait for anything as trivial as facts.
Thanks for pointing out the obvious. I've seen premature celebration posts on several websites and received a load of emails from friends counting chickens before the eggs are even incubated.
(Belated thanks to you, too, Jack. We posted simultaneously.)
denton
03-19-2008, 10:24 PM
We've always figured that we had at least four votes for an individual right, Roberts, Alito, Scalia, and Thomas. During the orals, Kennedy announced that 2A was clearly an individual right. So, as nearly as anyone can tell, we have at least a 5-4 majority.
The big issue is "standard of review", which determines how expansive laws can be in this area.
All the other rights guaranteed by the Bill of Rights are subject to strict scrutiny, which means the government must tread very lightly and carefully. Our dear Solicitor General asked for a more relaxed standard of review, which would leave the government more free to legislate. It's possible that the Supreme Court will see things that way, but I seriously doubt it.
Observers noted that the Court seemed not only willing, but eager to address the issue, and that those who are most likely to vote against an individual right were very subdued. That bodes well.
If we win big, and I think we will, it will not be the end of gun laws. It will be the beginning of the end of our worst gun laws. It will take many more years of suits to wrangle out what the limits are. Places like Kalifornia, NYC, and Chicago will probably see some of their laws tumble. However, Form 4473 or its descendents will probably be with us practically forever.
mrmiskin
03-20-2008, 08:59 AM
Sorry I jumped the gun, no pun intended.
denton
03-20-2008, 05:19 PM
I've just finished listening to the whole oral argument. Here are my observations:
The attorney for DC got severe road rash from falling under the bus. The justices just weren't having any of what he was selling.
The attorney for the Solictor General, who was asking for an individual right, but with a relaxed standard of review was treated respectfully. Still, I don't think they fully bought into his argument. This remains the point where we are most vulnerable.
Alan Gura, our guy, was a bit nervous at first, but quickly hit his stride and did extremely well. At a couple of places, Scalia actually coached him from the bench.
It seems clear that we will get an individual right ruling. It is likely that we will get a strict scrutiny standard of review, which is what we want. If both of those happen, then my guess is that the following will be true:
DC's gun laws, both the disassembled/trigger lock and the outright ban on handguns, are toast.
Suits in Kalifornia, Chicago, and New York City will quickly follow, and we will win those. We will have 10-30 years of fairly active litigation sorting out what the new limits are.
Major restrictions on machine guns, and on interstate transportation of sawed off shotguns will remain. Licensing laws that are narrowly tailored, fairly applied, and which are not a subterfuge for banning firearms are most likely going to be acceptable. The transfer tax on machine guns will probably go away sometime in the next 10 years.
The Violence Policy Center will shrivel and die. Hopefully, someone will have the courtesy to drive a stake through its heart.
The NRA will be actively involved in the next few decades of litigation, but will gradually turn its attention to other issues, such as hunter education, competitive shooting, and finding moose.
fabsroman
03-20-2008, 07:37 PM
denton,
Lets hope you are right. Time will tell how this all shakes out.
Dan Morris
03-20-2008, 09:03 PM
Originally posted by fabsroman
denton,
Lets hope you are right. Time will tell how this all shakes out.
Let us pray......
Dan
Swift
03-21-2008, 01:06 AM
Originally posted by Dan Morris
Let us pray......
Dan
Amen....
DON WALKUP
03-24-2008, 08:39 PM
i read that the mayor of D.C. says they will continue to enforce the rule.
where do the lawyers for the city of d.c. get their info?
d.c. is one of the leading violent cites in the nation from all i've read. their draconian gun laws have actually esculated the violence from what i've been lead to believe.
i believe that they will just do what they want, regardless.
legislators at all level are out of control. there is no longer "a government of the people, by the people, for the people."
denton
03-24-2008, 10:28 PM
i read that the mayor of D.C. says they will continue to enforce the rule.
Stupid, idle boast...IOW, about par for DC's officials.
Trying to enforce the rule without the benefit of an enforceable law triggers all kinds of heavy schitt falling on their head. I hope they do it. I want to watch.
The DC police are presently gearing up to go door to door, asking permission to search for firearms. Couple of other cities are doing the same. Voluntary searches are legal, but the whole idea of police trying to intimidate people into submitting to voluntary firearm searches is about as palatable as having the police go door to door asking who you intend to vote for.
BILLY D.
03-24-2008, 10:58 PM
denton
It's starting to sound like Nazi Germany.
Some Police Departments and The US Military are the two most anti-gun groups in our country, next to the democraps. Look at all the hoops you have to go through to register firearms on a Military instalation. The Air Force is the worst. The Air Gestapo are something else. They want brands, serial numbers and the whole nine yards. They are such a bunch of pussies that in Vietnam all weapons were locked in the Base Armory. Remember the saying, when precious seconds count, the Police are only minutes away. If it would not have been for the ROK troops we had protecting the bases we would have been overun on a nightly basis.
Hey thats all right, we folks that take care of ourselves found ways to get guns. We just kept them hidden. The idjits would do barracks shakedown inspections searching for guns. what maroons.
This is going to be an interesting 8 years coming up.
Best wishes, Bill
fabsroman
03-25-2008, 02:21 AM
Does anybody have a source for the Mayor's alleged quote? I just find it extremely hard to believe that the Mayor of DC would throw a SCOTUS ruling in the Court's face. Granted, we don't have the ruling yet, but to be so bold to say that he is going to enforce the law anyways. Honestly, have people lost all common sense nowadays? Actually, I believe they have. Today was a rough day for me. I did one client's tax returns and noticed that $95,000 of their $180,000 home equity loan was used to pay off credit card balances. I'm still shaking my head. Then, tonight I met with another client that has a wife and 2 daughters, a two year old and a 2 month old, and he is telling me that he and his wife haven't worked for 2 years and he has all of $17,000 to his name after liquidating his 401(k). The man is over 40. Some days, I just sit at my desk and wonder in disbelief.
By the way, this isn't the first time that DC would have a Mayor on crack, if this Mayor actually said what is alleged.
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