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Heller II is a go, latest comments from BFA

Discussion in 'General Gun Discussions' started by gopguy, Jul 31, 2008.

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  1. gopguy

    gopguy Member

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    You have to hand it to Washington DC Mayor, Adrian Fenty, There are not too many people can be so arrogant as to get themselves sued by the same person, for the same reasons in just over a month.

    This is my latest article for Buckeye Firearms, dealing with the fact Dick Heller is now having to sue the city of Washington DC again to get them to obey the United States Supreme Court. The new suit does take on some new issues such as a the limitless licensing fee in DC as well. A link to the lawsuit complaint is within the text of the story, so you can read every detail of it for yourself. Feel free to share the link with family and friends. ;)

    http://www.buckeyefirearms.org/node/5881


    http://www.buckeyefirearms.org/
     
  2. Seancass

    Seancass Member

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  3. gopguy

    gopguy Member

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  4. paramedic70002

    paramedic70002 Member

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    Dick Heller is a superstar!

    How long til we have a new round, new weapon, something, that bears his name?

    (That S&W snubbie with the scales of justice doesn't count)

    Heller Special 7 or 8 round cylinder in .38 Sp.

    40 Heller in a semiauto (designed to never hold more than 12 rounds)
     
  5. physics

    physics Member

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    You know, if Heller is a drinking man, I don't think he'll ever buy a beer again.
     
  6. Vader

    Vader Member

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    I previously stated here or on another website that this (Heller vs. DC) was a Pyrrhic victory. My honest opinion
     
  7. anarchris

    anarchris Member

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    my honest opinion is you're wrong

    but we all have opinions and ideas, don't we.
     
  8. gopguy

    gopguy Member

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    Heller was a major victory. Granted that while DC is dragging its feet, the case has paid off elsewhere. Wilmette and Morton Grove Illinois, have thrown in the towel on their gun bans.

    DC will lose in the end. Perhaps the people in that town will learn to stop blindly voting for anti-freedom Democrats and stop seeing their money wasted in fruitless lawsuits to fight the US Constitution...
     
  9. Vader

    Vader Member

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    Pyrrhic victory:
    A Pyrrhic victory is one that is more devastating logistically to the victor than the vanquished. Named after King Pyrrhus of Epirus, who defeated the Roman Army twice in 280 and 279 B.C., suffering insurmountable damage to his own forces.
    Whatever Pyrrhus won, he lost by going on to new adventures, like a lucky gambler who does not know when to stop. What he won by great actions he lost by vain hopes. Because of his desires for new conquests, he lost what he had already won. On and on he went, building new ambitions on the ruins of old ones, and never finishing what he started.
    - Plutarch
    Although not in the same sense of the situation, the semantics are similar. Let's hope that I am wrong
     
  10. Standing Wolf

    Standing Wolf Member in memoriam

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    Nowhere to go but up, right? Uhhh... right?
     
  11. BarryKirk

    BarryKirk Member

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    Pyrhic Victory

    Hopefully, Fenty's new gun registration laws will be the Pyrrhic Victory
     
  12. Jason M

    Jason M Member

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    Register the gun and get a permit to carry it in your own home? :barf:

    Honestly, Fenty and any other official that is standing in the way of Heller registering his handgun and keeping it at the ready in his home is in contempt of court and should face endictment by the Grand Jury on that charge. What is the minimum prison sentence for being in contempt of court and defying the ruling of the S.C.O.T.U.S., I wonder? Probably longer than that p.o.s. Mayor's pathetic term!

    -Jason
     
  13. ctdonath

    ctdonath Member

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    What about the win was so costly that the winners would never try such an approach again?

    DC is paying Mr. Heller's legal fees. Mr. Heller just filed another suit against DC. Gura filed suits against Chicago & SF. Heller has been brought up in several cases already. Lots of other cases are being prepped with Heller as the foundation.

    Hardly a "Pyrrhic victory".
     
  14. One of Many

    One of Many Member

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    One question that may not have been addressed by the Heller ruling: Is the City required to register MORE than one handgun? Dick Heller is being allowed to register the one handgun that he originally attempted to register, and was refused permission to register; that handgun is THE handgun that the city was ordered to register by the Supreme Court. Technically, the City has complied with that part of the ruling. Is there anything in the Heller ruling that forces the City to register more than one handgun?
     
  15. XD Fan

    XD Fan Member

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    One of Many, I am in no way a legal scholar, but that is an interesting question. I had not thought of the implications of that. I think that would clearly violate the spirit of the heller ruling, but D.C. is not worried about that.
     
  16. El Tejon

    El Tejon Member

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    How? How could Heller be considered Pyrrhic? And how did you arrive at this opinion, Vader?:confused:

    One, yes, the Heller decision.:D

    Scalia did not make any distinction between pistols and revolvers or limit the amount of handguns one could keep. D.C.'s moronic magic thinking to the contrary.

    Halbrook is going to make them pay dearly for this stupidity, and this is will be another major victory for us. Have patience, this is like building a skyscraper, it will not happen overnight.
     
  17. TexasRifleman

    TexasRifleman Moderator Emeritus

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    And probably unlearned opinion.

    Have you ever studied construction?

    Does the concept of a "keystone" mean anything?

    Heller is the keystone for what will be built. You can't build an arch without a keystone.

    I don't remember anyone ever saying that Heller was anything other than the "first".

    If you call laying the foundation for what will be built later "Pyrrhic" then well, you go right ahead I guess.
    Exactly what is our "devastating cost" for Heller?
     
  18. Vibe

    Vibe Member

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    The handgun that Heller was originally refused the "privilege" of registering was an H&R 9 shot revolver. What he attempted to register after the SCOTUS decision was a 45 caliber 1911. So technically, it was NOT the same gun that SCOTUS ordered DC to allow him to register. Nitpicky point, but an important one.
     
  19. lacoochee

    lacoochee Member

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    The SCOTUS decision did not say that the original pistol had to be registered at all. The type was never mentioned in the decision only that it should be off common use, a 1911 is certainly in common use. Why is everyone intent on giving DC an out on this, it all sounds like "sea lawyering" at this point.

    In the end this is great for us, same case again, same circumstances broader questions this is how it gets done. This one actually might destroy the concept of machine gun as a definition because DC has chosen to slap that label on anything semi-automatic with a capacity of 12+ rounds. The next decision will have to address machine guns and since SCOTUS can't define a machine gun outside of what is presented to it in the case. They will have to strike down the ban in DC (and all federal legislation) against "machine guns".
     
  20. XD Fan

    XD Fan Member

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    I hope you are right about this. I am not certain it will go that far (stiking down all laws about machineguns). For one thing I do not think Kennedy will go that far.
     
  21. Vibe

    Vibe Member

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    lacoochee
    No one is "giving" DC an "out" on this. That is simply the explanation for the "out" they are attempting to take. The original complaint was about a revolver, so the decision - tightly decided-was about revolvers as far as DC is concerned. The "of common use" phrase was NOT part of the complaint, and as such was not part of the constraints put upon the law. Regardless of what the courts Dicta may have mentioned. Looks like Heller and his lawyer knew this and intend to rectify it.
     
  22. Deanimator

    Deanimator Member

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    Not only that, but I read on a Chicago cop's blog this morning that Daley is making noises about backing down on Chicago's ban.

    It's looking VERY bad for the other side.
     
  23. akodo

    akodo Member

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    Some reply that heller is a loss because SCOTUS demanded DC give him a permit to have a handgun in his home.

    Be aware that was the ruling because that is what was asked for. Note, Heller did NOT ask that he be allowed to keep a handgun without a permit. Hence, SCOTUS could not have made that ruling.

    Just because SCOTUS said "DC give Heller a permit" in no way means that SCOTUS has ruled if permitting is an infringment of a right. That is an entirely different case.

    As I see it, once Heller went in and got denied after the ruling, he could have gone one of two ways, go back to court and say

    Strategy One: "Why do I even need a permit, all these waiting periods and special demands are two restrictive"

    or he could go back and say

    Strategy Two: "Gun A is substantially the same as Gun B, theirfore if denying me a permit for Gun A denies me my individual rights, so does denying me a permit for gun B"

    Or in some ways combine strategy one and two by saying 'every time you make a ruling they come up with more demands, and more narrow rulings to allow only gun A but not gun B by cooking up new terms and restrictions. Who knows what's next, that I ahve my name engraved on it? that I must allow it to be inspected once a year? clearly the cure is to stop any need for permits"

    I hope they go for the combo strategy
     
  24. 1010011010

    1010011010 Member

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    TexasRifleman, I think you want "cornerstone" rather than "keystone".

    It was pretty obvious that more cases would be on the way to narrow down the exact location of the line. The only surprising part is that it seems to be the same case.
     
  25. JCMAG

    JCMAG Member

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    The same case it may be, but that is, as I see it, because the first case was not finished. Decision was made but action was averted. Heller is going back to finish the job. God bless him, we should all be glad.

    And we should all support him.
     
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