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DC Council to consider EMERGENCY LEGISLATION to Comply with Heller Decision

Mike

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But proposed legislation falls short - fails to strike down DC's semi-auto ban.

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http://www.washingtonpost.com/wp-dyn/content/article/2008/07/08/AR2008070802651.html

[font=Arial,Helvetica]HANDGUN LEGISLATION[/font]

[font=Arial,Helvetica]Council Might Take Action Within the Week[/b]
[/font]

D.C. Council member Phil Mendelson (D-At Large) has decided to submit his gun bill as emergency legislation in response to the U.S. Supreme Court's recent decision striking down the city's handgun law.

Last week, Mendelson introduced a bill that would end the city's handgun ban and make it legal for residents to keep firearms in their homes without requiring that trigger locks be used or that the guns be disassembled. The bill would still require that guns be kept unloaded and disabled, but it would offer an exception for gun owners who say a firearm is present in the home for immediate self-defense.

"After opportunity for public discussion and further analysis, I believe it would be prudent for the Council to act on critical provisions of the District's gun law prior to the Council's recess beginning July 16th," Mendelson said in a statement.
 

Sonora Rebel

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Mendelson, Shmedelson... :X This is gonna jerk a lot of the anti-gunners... anti-assault weaponpolitical moonbats etc.up by the shorthairs... this is 'precedent': 'Bearable ARMS! 'Been my argument for years... That includes, knives, swords, poleaxes 'n whatever... as well as firearms of any configuration. 'ALL INSTRUMENTS'... that constitute bearable arms. I argued this point in High School back in '58. The 2A addresses 'Arms'... not to be construedas firearms only. (GASP!) I literally 'had it out' with several 'teachers' (before I knew what a Pinko was) that the government... any government, cannot 'grant' the people their inherent Rights as free men. The government can only recognize, codify and PROTECT those inherent rights. The Constitution is recognition and codification NOT something 'given'. No more than the air I breath or thoughts in my head. (GASP!)

A Drivers License... any license may be a 'Privledge' granted by the government... and justly so... but government cannot give me Rights... Government can only restrict them... or forbid them. In essence... the Right to keep and bear arms has been in actual practice, Forbidden in many areas. As such... those who have sworn to support and defend the Constitution are in violation of their oath when 'meddling' with the intent and purpose of that recognized and codified RIGHT. (GASP!) ('Nuff to boggle the mind ain't it?:celebrate) This kind'a stuff got me labled as a troublemaker and uh... (tryin' to remember...) 'Disruptive'.

Bearing Arms means to 'carry'... not simply to own/keep someplace unloaded, disasembled 'n locked up. "...who would deprive men of the use of fire for fear of their being burnt, and of water for fear of their being drowned; and who knows of no means of preventing evil but by destroying it.' Cesare Beccaria - 1764


"Laws that forbid the carrying of arms... disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson quoting Ceaser Beccria.

"Firearms stand next in importance to the constitution itself. They are the American people's liberty teeth and keystone under independence... From the hour the Pilgrims landed, to the present day, events, occurrences, and tendencies prove that to ensure peace, security, and happiness, the rifle and pistol are equally indispensable. Every corner of this land knows firearms, and more than 99 99/100 percent of them by their silence indicate they are in safe and sane hands. The very atmosphere of firearms, everywhere restrains evil interference - they deserve a place of honor with all that's good. When firearms go, all goes we need them every hour." - George Washington, Address to the Second Session, First United States Congress.

"...arms...discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property.... Horrid mischief would ensue were [the law-abiding] deprived of the use of them." - Thomas Paine

“If violent crime is to be curbed it is only the intended victim who can do it. The felon does not fear the police, and he fears neither judge nor jury. Therefore, what he must be taught to fear is the victim." - Jeff Cooper, the father of modern combat hand gunning.


"In truth, a state which deprives its law-abiding citizens of the means to effectively defend themselves is not civilized but barbarous, becoming an accomplice of murderers, rapists and thugs, and revealing its totalitarian nature by its tacit admission that the disorganized, random havoc created by criminals is far less a threat to state power than are men and women who believe themselves free and independent, and who act accordingly." - Jeffrey R. Snyder, The Public Interest, No.113, Fall 1993.



In the Heller case, Justice Scalia wrote, “Nowhere else in the Constitution does a ”right“ attributed to ”the people“ refer to anything other than an individual right. What is more, in all six other provisions of the Constitution that mention ”the people,“ the term unambiguously refers to all members of the political community, not an unspecified subset... The Second Amendment extends, prima facie, to all instruments that constitute bearable arms... The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it ‘shall not be infringed’.”

Here's what Mayor Fenty (DC) said 'bout a half hour of the Courts decison:

The Mayor, Attorney General and Chief emphasized that the Supreme Court’s ruling is limited and leaves intact various other laws that apply to private citizens who would purchase handguns or other firearms for home possession. First, all firearms must be registered with the Metropolitan Police Department’s Firearms Registration Section before they may be lawfully possessed. Second, automatic and semiautomatic handguns generally remain illegal and may not be registered. Third, the Supreme Court’s ruling is limited to handguns in the home and does not entitle anyone to carry firearms outside his or her own home. In addition, although the Court struck the safe storage provision on the ground that it was too broadly written, firearms at home should be kept either unloaded and disassembled or else locked except for use in self-defense in emergencies.

[size=+0]What part of 'SHALL NOT BE INFRINGED' don't they understand?


“We will comply with the Court’s reading of the Second Amendment in its letter and spirit,” said Chief Lanier. (BS!) :cuss:“At the same time, we will continue vigorously enforcing the District’s other gun-control laws and are considering other ways to protect the District’s citizens against the scourge of gun violence.” :what:

Under its rules, the Supreme Court will not formally issue its mandate for about a month to allow the parties to file rehearing petitions. After that period passes, the court of appeals will send the case to the district court to enter an injunction, though the district court will have to decide exactly how the injunction should be phrased. The injunction is the court order that will officially prevent the District from enforcing the handgun ban. That process may yet take several weeks.:uhoh:

On the face of it... the DC Government apparently wants to 'interpret and cherry pick' the Courts decision... while dragging it's heels in implementation.This ain't over.
The Second Amendment extends, prima facie, to all instruments that constitute bearable arms... How clear is that? :banghead:
 

rodbender

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Sonora Rebel wrote:
The Second Amendment extends, prima facie, to all instruments that constitute bearable arms... How clear is that? :banghead:

Exactly, and to my understanding that means any arm that I can carry. BAR, Thompson, RPG, M16, AK47, fragment grenades, LAWSrockets, Stingers,etc., etc., etc. If I can tote it, itSHALL NOT BEINFRINGED. End of discussion, or it should be anyway.But it ain't.

Actually, I think if I can afford a FA18 Hornet or an Abrams tank, (fully armed of course) I should be able to have one.
 

Sonora Rebel

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I suspect that a lotta your list comes under controlled gadgets... not reasonable self defense. Several of which require a Class III FFL... Yer soundin' much like a Liberal there...
 

rodbender

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I'm no liberal, but I am serious. The 2A doesn't say anything about self defense. If you read the Federalists Papers you'll find the MAIN reason for 2A was not self defense, but to guard against tyranny. To guard against an oppressive government, much like the one they had just flushed from the shores of the brand newU.S.A.
 
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