District of Columbia v. Heller: What’s Next?
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jdege
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Post subject: District of Columbia v. Heller: What’s Next? Posted: Tue Jul 15, 2008 8:54 am |
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Longtime Regular |
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Joined: Thu Aug 25, 2005 7:23 pm Posts: 1419 Location: SE MPLS
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KonaSeven
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Post subject: Posted: Tue Jul 15, 2008 9:52 am |
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Longtime Regular |
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Joined: Thu Aug 31, 2006 12:17 pm Posts: 908 Location: Meeker Co., MN
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Quote: Near-term, the D.C. city council will have to alter the city’s gun control regime to comply with the Court’s directions. Until now, the D.C. government has taken the position, as expressed in the city’s court filings, that “Practical considerations, not arcane legal theories and historical excursions, should determine the … constitutionality of statutes like those at issue here.” Thankfully, the Supreme Court has reminded city officials that the Constitution is more than a guidebook to be cast aside whenever it is inconvenient. If the city attempts to circumvent the Court’s opinion, then Congress, under Article I, section 8, of the Constitution can and should exercise its plenary power over all legislative matters in the nation’s capital. Home rule, arising out of authority delegated by Congress to the D.C. government, is not a license to violate the Constitution.
Okay, thanks for this article jdege. It looks like, in the authors opinion, that there is some practical remediation available to ensure DC complies. Fascinating course of events unfolding before us.
_________________ 1 of 55153
"The attitude of people associating guns with nothing but crime, that is what has to be changed. I grew up at a time when people were not afraid of people with firearms." —Supreme Court Justice Antonin Scalia
Sierra Trading - Firearms Sales, Service and Training
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usmarine0352
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Post subject: Posted: Tue Jul 15, 2008 10:56 am |
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Joined: Wed May 24, 2006 8:53 am Posts: 239
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Lawyer_in_Training
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Post subject: Posted: Thu Jul 17, 2008 7:19 am |
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Senior Member |
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Joined: Sun Feb 17, 2008 12:22 pm Posts: 339 Location: Suburban Twin Cities, MN
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http://news.yahoo.com/s/ap/20080717/ap_on_re_us/washington_gun_ban_4
Quote: Police in the District of Columbia are set to begin registering residents for handguns Thursday now that the district's 32-year-old ban has been lifted.
Besides obtaining paperwork to buy new handguns, residents also can register firearms they've had illegally under a 180-day amnesty period.
It comes after the District of Columbia Council approved new firearms legislation Tuesday and as officials try to comply with last month's U.S. Supreme Court ruling that struck down the city's ban on handguns.
Though residents will be allowed to begin applying for handgun permits, city officials have said the entire process could take weeks or months. http://www.nbc4.com/news/16896900/detail.html?rss=dc&psp=newsQuote: Officers will take temporary possession of guns to tag them and conduct ballistics tests.
Guns will be returned to owners, and they will get paperwork indicating that registration is in process. After an FBI background check, which takes about 14 days, the guns will be officially registered.
The registration process actually will be faster for people who have had illegal handguns compared with people who want to purchase guns.
A resident who wants to buy a handgun will have to wait at least a month. There are no legal firearms dealers in the city, so weapons will have to be purchased in a state and shipped to dealers in the city.
Police said the first D.C. dealers should be able to accept those guns in two weeks. It takes two more weeks for the registration process to be completed.
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VikesFan
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Post subject: Posted: Thu Jul 17, 2008 7:37 am |
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Joined: Mon Aug 15, 2005 7:36 am Posts: 159 Location: Twin Cities
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The next 6 months to a year will be interesting to watch, specifically San Fran and Chicago.
The incorporation question mentioned in the article will be decided by whether the federal circuit courts even accept the cases based on the Heller decision.
It is clear that the people saying the Heller decision would be a stepping stone and not the end goal were right. It was a giant step in the right direction, but it fails to resolve many questions gun rights advocates have.
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Lady Glock
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Post subject: Posted: Thu Jul 17, 2008 8:14 am |
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Senior Member |
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Joined: Mon May 26, 2008 11:50 am Posts: 348 Location: North suburbs
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Quote: Officers will take temporary possession of guns to tag them and conduct ballistics tests.
Guns will be returned to owners, and they will get paperwork indicating that registration is in process. After an FBI background check, which takes about 14 days, the guns will be officially registered.
"I'll let you register half my guns now, and the other half after receiving the first half back...that way my house is not unprotected!"
_________________ When seconds count between life and death, the police are only minutes away.
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ttreml3
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Post subject: Posted: Thu Jul 17, 2008 8:23 am |
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Joined: Fri Jun 22, 2007 1:18 pm Posts: 190 Location: Coon Rapids
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Why does a FBI check take two weeks in DC and only five minutes here? Or are they checking the gun?!?
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