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DC Circut Court Strikes Down DC Gun BAN--Violation of 2nd

Discussion of Firearm Politics & Legislation. This forum is now strictly limited to discussions directly related to firearms.

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musterion
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Actually it was split 2-1

Post by musterion »

fox72 wrote:Hopefully, this will enable the good people of DC to retake their neighborhoods. I am very impressed, there are 3 judges in DC who can read and understand the constitution! Jamie
The ruling was not unanimous.

see: http://volokh.com/ for a long discussion
Tither
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Post by Tither »

rickt wrote:...and decisions like this, once again, prove why who you vote for in Presidential and Senate races really matter. You can bet Sherrod Brown won't be voting for judges like these.
10-4 on that Rick. If this heard by activist judges like over there on the Left Coast, they might have ignored an actual reading of the Constitution and our founding documents for a more progressive quote Living Breathing Activist Constitution.
Don't blame me, I voted for McCain
"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel." -- Patrick Henry
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charben
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Post by charben »

Tither wrote:If this heard by activist judges like over there on the Left Coast, they might have ignored an actual reading of the Constitution and our founding documents for a more progressive quote Living Breathing Activist Constitution.
Or...they would have gone outside our borders to site some document that would have suited their more "open-minded" views.
Chris

Crushing the First Amendment, one post at a time!

"If you walk out of your house carrying your gun (openly or otherwise) and you DO NOT fully understand the law, then you are NOT completely armed..."
Tither
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Re: Actually it was split 2-1

Post by Tither »

musterion wrote:see: http://volokh.com/ for a long discussion
Great read musterion! Thanks a ton for posting this and the original thread and making my day!
charben wrote:Or...they would have gone outside our borders to site some document that would have suited their more "open-minded" views.
That could have been a too real possibility as well! Our votes have consequences!
Don't blame me, I voted for McCain
"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel." -- Patrick Henry
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charben
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Re: Actually it was split 2-1

Post by charben »

Tither wrote: Our votes have consequences!
Except that this past cycle, there was no pro-2A choice between Brown and DeWine...
Chris

Crushing the First Amendment, one post at a time!

"If you walk out of your house carrying your gun (openly or otherwise) and you DO NOT fully understand the law, then you are NOT completely armed..."
ballistic
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Post by ballistic »

Swift response from the Violence Policy Center (VPC):

"Today's split decision by the Court of Appeals to overturn the District of Columbia's handgun ban is not only contrary to the overwhelming weight of legal authority, but will certainly increase gun death and injury among District residents and increase the risks faced by the law enforcement personnel who protect all residents and workers in Washington, DC.

If the ruling in this case is upheld by the U.S. Supreme Court, it has the potential to lay the groundwork for literally every local, state, and federal gun law in America to be challenged: from the federal ban on gun possession by felons, to the ban on carrying guns onto airplanes, to the ban on the manufacture of fully automatic machine guns for civilian use.

While today's decision is a dream come true for America's gun lobby and gunmakers, it may mark the beginning of a long, national nightmare from which we will never recover as a nation."

I've got to hand it to them, they're consistent. And they can really crank up the pathos if sufficiently motivated.

I have only one thing to say to all those who share the VPC's sentiments: learn to lose.
charben
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Post by charben »

"Today's split decision by the Court of Appeals to overturn the District of Columbia's handgun ban is not only contrary to the overwhelming weight of legal authority, but will certainly increase gun death and injury among District residents and increase the risks faced by the law enforcement personnel who protect all residents and workers in Washington, DC.
Based on what? The overwhelming success of Australia's and UK's gun bans?
If the ruling in this case is upheld by the U.S. Supreme Court, it has the potential to lay the groundwork for literally every local, state, and federal gun law in America to be challenged:
EGGzackly
from the federal ban on gun possession by felons, to the ban on carrying guns onto airplanes, to the ban on the manufacture of fully automatic machine guns for civilian use.
Are the skies BLUE in their world? Nobody on our side wants felons to have guns. What blatant, emotional, lowest-common-denominator type dribble! If you can't win with facts, scare the crap out of people. Hmmm...I bet gun manufacturers are responsible for Global Warming.
While today's decision is a dream come true for America's gun lobby and gunmakers, it may mark the beginning of a long, national nightmare from which we will never recover as a nation."
Weren't we BORN as a nation when there were no gun bans? Didn't we grow up without gun bans? People like to forget the lessons of Prohibition...
Chris

Crushing the First Amendment, one post at a time!

"If you walk out of your house carrying your gun (openly or otherwise) and you DO NOT fully understand the law, then you are NOT completely armed..."
Whirlwind06
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Brady buch responce

Post by Whirlwind06 »

http://www.bradycampaign.org/media/rele ... elease=878
“The 2-1 decision of the U.S. Court of Appeals for the D.C. Circuit in Parker v. District of Columbia striking down the District of Columbia’s handgun law is judicial activism at its worst. By disregarding nearly seventy years of U.S. Supreme Court precedent, two Federal judges have negated the democratically-expressed will of the people of the District of Columbia and deprived this community of a gun law it enacted thirty years ago and still strongly supports.

“This ruling represents the first time in American history that a Federal appeals court has struck down a gun law on Second Amendment grounds. While acknowledging that ‘reasonable restrictions’ to promote ‘the government’s interest in public safety’ are permitted by the Second Amendment, the two-judge majority substituted its policy preferences for those of the elected representatives of the District of Columbia. ”
Funny to hear them cry about judicial activism
Tither
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Post by Tither »

The gun laws that were made up till and to include 1968 were voluntary constraints granted by us for the safety of our LEO’s and the perceived safety our society. They are NOT a government Right. For governments have no rights, but powers, and only those powers delegated to them from us. That is what the Constitution allows!

I hearken back to just before Clinton was elected and I remember the HCI (Now Brady campaign) spokesman coming on TV and saying. All we are asking for is a background check when someone buys a handgun. NOTHING MORE! We know that you have the Constitutional Right. This is all we will ever ask of you. This way society will be protected and gun owners will have a good name.

Well many in the NRA said sure. We can allow this for you, our fellow Americans. We care about and what you want. After all you are Americans too.

We expected a big thank you and a gracious pat on the back from the Gun Controllers for allowing them to infringe on our freedom.

BUT! After we graciously allowed this infringement the Gun Controllers Lost their mind and treated us like we were a biological infestation running their country and needed to be eradicated! They started thumping their chest demanding gun control as if the 2nd Guaranteed them all of the gun control they would ever want instead of the 2nd protecting our inalienable right to keep and bear.

Now the tables are starting to turn back to a correct interpretation of what our Founders said and wanted in the Bill of Rights and the Antis are mad as heck because they, and the American people, are finding out the truth!

The only thing I can say is that you should have been a whole heck of a lot nicer to us when granted your silly request for your infringement in the first place. You should have said thank you for giving up some of what is Rightfully yours, and we appreciate that. Instead you stabbed us, and the Constitution in the back, and now the Chickens are coming home to roost.
Don't blame me, I voted for McCain
"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel." -- Patrick Henry
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charben
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Re: Brady buch responce

Post by charben »

Whirlwind06 wrote:Funny to hear them cry about judicial activism
That was my thought, too.
Chris

Crushing the First Amendment, one post at a time!

"If you walk out of your house carrying your gun (openly or otherwise) and you DO NOT fully understand the law, then you are NOT completely armed..."
Regulator2
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Post by Regulator2 »

:lol: :lol: :lol: :shock:
Good people sleep peaceably in their beds at night, only because rough men stand ready to do violence on thier behalf --George Orwell

Regulator 2
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jabeatty
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Post by jabeatty »

Tither wrote:The gun laws that were made up till and to include 1968 were voluntary constraints granted by us for the safety of our LEO’s and the perceived safety our society.
NFA '34 might be more accurately portrayed as a post-Prohibition make-work program for Revenue agents...
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rickt
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Re: Actually it was split 2-1

Post by rickt »

charben wrote:Except that this past cycle, there was no pro-2A choice between Brown and DeWine...
While it's true you wouldn't have seen any difference in voting between the two if an anti-gun bill like an AWB appeared in the Senate, there is a big difference when it comes to voting for federal judicial nominees.

DeWine would have been more likely to have voted for conservative nominees, nominees that would have had a higher probability of supporting the Second Amendment.

You'll get none of that from Sherrod Brown. That's what we lost by "punishing" the Republicans.
XDShooter
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Post by XDShooter »

Please, Please let this case end up at the Supreme Court.

Is there any doubt as to the importance of electing a Republican President?


Tom
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jabeatty
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Post by jabeatty »

XDShooter wrote:Is there any doubt as to the importance of electing a Republican President?
It would behoove us to remember who appointed the "conservative" Justices who have served us so poorly in the recent past.
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