Fenty claims semi-auto handguns still illegal

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everallm, I did not take notes and it was not even close to verbatim, so it is paraphrased. That is the gist of what I heard though.
He was not stating a position of the DC government, he was just expressing the legal situation in response to my inquiry and was describing a scenario if DC did not want to comply with the ruling to describe what is happening between now and July 17th when the new laws should be passed or take effect.


DC has intent to change the laws to comply with the SC ruling, but how they change it of course will be to how they understand the ruling to be (i.e. what the Brady Campaign claims it to say).
However, from reading so far what the DC council members are saying, they are bruised and do not want another legal fight...or at least not right away. So they are leaning towards passing new rules and laws with a slightly broader Heller ruling application. If this means it will change the semi auto ban "understanding", I doubt it, but it is possible if they realize just how dangerous it is to try and keep that interpretation and change that too.
 
I particularly love the line from the Sgt,

Basically he said DC could choose to ignore the SC's ruling and never change the laws, but the problem with that is they really could not enforce or prosecute anyone who violates the laws the SC said are moot....so that is why they are amnestying the handguns in DC already (except semi autos) and are not busting anyone with a revolver in their home at the moment.

So, in a nutshell,

"We're going to ignore our own law, but leave it on the books, and we're only going to ignore it selectively......."

It's a shame you couldn't get that on tape, that would be my new phone ring tone......

This has to be one of the few times I would be happy to see an ambulance chaser law firm shopping to file a class action law suit on violation of due process and civil liberties.
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This implies that semi-auto handguns are going to be legal, regardless of their registration process because they will not be able to prosecute anyone with a semi-auto handgun because 1) it is protected and 2) although it could not be registered under their rules, it is still protected.. I think DC is screwed.
 
From what I read, the right to bear arms was not just in the home, the way it was stated was, as an example.
 
What most gun owners are missing is that the District of Columbia has zero intention of complying with the orders of the Supreme Court of the United States and they, rightfully in my opinion, believe that no one will force them to.. The NRA or anyone else can file lawsuits until hell freezes over but it won't change a thing. The only thing that would change anything would be for the Army to move in to DC to enforce the order just as they did in Selma Alabama 50 years ago. But that isn't going to happen.

Heller won't change much in DC and perhaps even less in the rest of the US except a little in Chicago and San Francisco.
 
Its going to be forced to, they can deny it all they want but sooner or later they will have to allow pistols, they will kick and scream the whole time but its going to happen.
 
What most gun owners are missing is that the District of Columbia has zero intention of complying with the orders of the Supreme Court of the United States and they, rightfully in my opinion, believe that no one will force them to.. The NRA or anyone else can file lawsuits until hell freezes over but it won't change a thing. The only thing that would change anything would be for the Army to move in to DC to enforce the order just as they did in Selma Alabama 50 years ago. But that isn't going to happen.

Heller won't change much in DC and perhaps even less in the rest of the US except a little in Chicago and San Francisco.
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I agree about the District's intention to ignore Heller for as long as possible. However, the semiauto ban is only in place because technically it wasn't exactly the law that SCOTUS reviewed. OTOH, it clearly violates the principle of "common use" and relies on the ridiculous definition that any semiauto that could potentially take a magazine of over 12 rounds is a "machine gun".

Those concepts are going to fold like a cheap card table at the first court challenge, given Heller as a precedent. Once that happens a Writ of Mandamus from the court will stop the foot dragging.
 
What most gun owners are missing is that the District of Columbia has zero intention of complying with the orders of the Supreme Court of the United States and they, rightfully in my opinion, believe that no one will force them to.
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The Army won't be necessary, just the Federal Marshals to arrest the cops who falsely arrest somebody for having a Glock 17. Between that and the lawsuits against the individual cops by the victims and it'll just be Fenty and the Chief of Police enforcing the ban, since nobody else will be willing to put their own families under a bridge to fall on a sword for Fenty.

Of course, given enough lawsuits and DC will have to lay off the people they need to enforce the ban anyway.
 
Simply attempt to register a semi-auto, be denied/rejected and then bring a lawsuit. Nobody needs to get arrested. $.02
 
Nobody needs to get arrested. $.02
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Really? False arrest is a CRIME, as well as a civil tort. In this instance it could arguably be also categorized as a CRIMINAL CONSPIRACY.

If you're caught selling somebody marijuana, the police will NOT sue you, even though no force was involved and both parties willingly agreed to the transaction. They will ARREST you. False arrest is a crime of VIOLENCE. Violence or the threat of violence are used to unlawfully deprive someone of their liberty. Anyone who does this, especially with malice aforethought deserves to be prosecuted criminally, to the fullest extent of the law. And in this case, it's a criminal conspiracy to deprive someone of his civil rights, just as it would be for a community to announce that Blacks would not be allowed to vote and then arrested any Black person who tried to vote.

Civil judgements deter bad behavior. Civil judgements against misbehaving officers deter bad behavior faster. Criminal prosecution of those engaged in an ongoing conspiracy to violate civil rights deters fastest.

Let them pass all of the unconstitutional laws they want. They're just a shout in the wind if everyone's too afraid of prosecution and civil judgements to enforce them.
 
What most gun owners are missing is that the District of Columbia has zero intention of complying with the orders of the Supreme Court of the United States and they, rightfully in my opinion, believe that no one will force them to.. The NRA or anyone else can file lawsuits until hell freezes over but it won't change a thing. The only thing that would change anything would be for the Army to move in to DC to enforce the order just as they did in Selma Alabama 50 years ago. But that isn't going to happen.

Heller won't change much in DC and perhaps even less in the rest of the US except a little in Chicago and San Francisco.
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They are in the process of changing the law right now.

http://www.examiner.com/a-1478732~Councilman_urges_gun_law_passage.html

The law is supposed to be changed by the 17th.
 
Okay, let me rephrase that. . . Nobody needs to get arrested before your lawyers sue the city.

DC will be going through the throes of where the line is drawn for years. DC says it's drawn between revolvers and semi-auto pistols. Scalia's "Common arms" terminology would indicate the line is drawn to include semi-auto's. It's up to the courts to decide.

A court challenge to Fenty's line doesn't require being arrested, it just needs standing. A DC resident being refused registration of a Glock/Sig/Beretta 9mm handgun (very common) should give standing.
 
heller was not the end of the line for unconstitutional restrictions on the RTKBA. it is the start of getting rid of them. come back in 3 or 4 decades. maybe the work will be complete by then.
 
Looks like there is a fight brewing between city council and the mayor on how DC should implement the Heller ruling.

I'd like to see what the mayor's office proposes first before making any comments.
f approved, Mendelson’s bill would allow residents to register handguns but it would still require them to keep the weapons unloaded and disassembled, or sealed off with trigger locks. It would allow citizens to reassemble the guns for “immediate self-defense.”
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A court challenge to Fenty's line doesn't require being arrested, it just needs standing. A DC resident being refused registration of a Glock/Sig/Beretta 9mm handgun (very common) should give standing.
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DC has created a real Catch 22.
The fact that you HAVE a handgun that is NOT registered is a violation of the law.

Heller could get standing since he must have purchased and already owned a handgun BEFORE moving into DC.
The gun was held OUTSIDE the city to avoid the charge of having an unregistered gun.
He tried to register the gun and was declined.
He then had standing since he owned the gun legally already, but could not register it.
He broke NO laws.
 
DC has created a real Catch 22.
The fact that you HAVE a handgun that is NOT registered is a violation of the law.
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DC is granting amnesty for those that have handguns now. I think the reason why is because it is impossible for them to enforce a law the Supreme Court said is moot. They are claiming after July 17th they will be allowing people to register revolvers.
 
DC has created a real Catch 22.
The fact that you HAVE a handgun that is NOT registered is a violation of the law.

Heller could get standing since he must have purchased and already owned a handgun BEFORE moving into DC.
The gun was held OUTSIDE the city to avoid the charge of having an unregistered gun.
He tried to register the gun and was declined.
He then had standing since he owned the gun legally already, but could not register it.
He broke NO laws.
(I ment to quote but nissed the command sorry)

So if I move to DC and say I want to register 13 semi-autos, two relovers a shotgun and three rifles...
 
This mostly political bluster, when it comes down it is what the court wants, not DC. The mayor and police will fallow the court, or face contempt charges and the supremes do not take kindly to this. They tend to be Draconian, I would expect jail time.
 
Of course if DC grants amnesty for registering revolvers and you show up semi auto in hand ...:eek:
 
Any links to official documents re: this or any other post-Heller implementation issues?
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I went down to the DC firearms registration office on Monday and spoke with the sergeant in charge of the office for over an hour. That is what he said.

The July session for the DC council ends July 15th. There is a bill already through committee to be voted on that if passed will likely take effect on the 17th.

What Happens Now?
The Supreme Court will formally issue its mandate within the next month, possibly as early as July 17, 2008. The U.S. Court of Appeals will then send the case to the U.S. District Court to enter an injunction. The injunction is the court order that will officially prevent the District government from enforcing the handgun ban. That process may take a few months. Within 21 days, the Metropolitan Police Department will promulgate regulations to accommodate the process of registering handguns for lawful possession.
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http://mpdc.dc.gov/mpdc/cwp/view,a,1237,q,565463.asp
 
Interesting:
The forthcoming regulations to be issued by the Metropolitan Police Department will answer questions such as how many weapons residents can register, and will likely limit registrants at least initially to one handgun each.
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That is on their wish list. I doubt it will be what is made into law because Scallia in the hearing for the case would make comments about having different firearms for different purposes, so their fantasy is an uphill battle right out of the starting gate.
 
Interesting:

Quote:
The forthcoming regulations to be issued by the Metropolitan Police Department will answer questions such as how many weapons residents can register, and will likely limit registrants at least initially to one handgun each.[/
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QUOTE]


Even though Scalia's said, Heller's right to a handgun in the decision, the 2nd Amendment says, ".....the right of the people to keep and bear arms....."



So, I think we should be good. Unless you can only have one shotgun, one rifle, and one pistol.

.
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