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Topic: Assault rifle ban ruled Constitutional, Where's the outrage?< Next Oldest | Next Newest >
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PostIcon Posted on: Apr. 25 2013, 9:09 pm  Skip to the next post in this topic. Ignore posts   QUOTE

Heller v Washington D. C.

http://about.bloomberglaw.com/law-reports/d-c-circuit-upholds-ban/


Again. This time it's assault rifles and large capacity magazines. This guy must live in some neighborhood if he's in this sort of arms race.

Oh and the ban was ruled Constitutional based on the ruling in the, wait for it, other Washington D. C. V Heller Case decided by the Supreme Court of the United States based on AJ Scalia's own words.
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PostIcon Posted on: Apr. 25 2013, 9:26 pm Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

I hope that the USSC will eventually rule that such bans are a violation of the Constitution. That said, I recognize that this is a matter that will likely never go away, regardless of how it is ruled. If the bans are overturned, anti-gun politicians will continue to push the issue as far as they can and wait for another day in the USSC.  If the bans are upheld, they will push to outlaw possession.

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PostIcon Posted on: Apr. 25 2013, 9:32 pm Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

"Violent crime so far this year in the District has spiked sharply — a 40 percent increase that includes twice as many robberies at gunpoint than at this time last year.
Across the city, all police districts are reporting increases in violent crime, and all but one have had double-digit percentage increases, according to internal Metropolitan Police Department documents. The documents contained preliminary crime data for the city as of Thursday.
The crime rate is increasing this year after a downward trend — the number of reported homicides last year dropped to the lowest level in a half-century.
Homicides were the only category of violent crime to decline in the first six weeks this year. As of Thursday, the city had recorded 10 homicides compared with 11 at a similar point last year.
Overall, though, incidents of violent crime — homicides, sexual assaults, robberies and assaults with deadly weapons — are rising at an alarming pace."



Read more: http://www.washingtontimes.com/news....WqrzbMs
Follow us: @washtimes on Twitter


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PostIcon Posted on: Apr. 25 2013, 9:32 pm Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

It seems we, in the US, are bound to debate the merits of several hot button issues, no matter if the USSC rules on them to our liking or not.  Decades have gone by since Roe v Wade, yet we still debate it.  I think the same will hold true with gun control.  

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PostIcon Posted on: Apr. 25 2013, 9:38 pm Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE


(ol-zeke @ Apr. 25 2013, 9:32 pm)
QUOTE
It seems we, in the US, are bound to debate the merits of several hot button issues, no matter if the USSC rules on them to our liking or not.  Decades have gone by since Roe v Wade, yet we still debate it.  I think the same will hold true with gun control.  

Sad but true Zeke. I always swore that the best answer when asked about abortion rights is "it's settled law, next question ".

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PostIcon Posted on: Apr. 25 2013, 9:47 pm Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

.... and every bad guy in DC, murder capital of the country, obeys those laws to the letter so law enforcement can go right to their house when they kill someone...

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PostIcon Posted on: Apr. 25 2013, 11:53 pm Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE


(High_Sierra_Fan @ Apr. 25 2013, 9:09 pm)
QUOTE
Heller v Washington D. C.

http://about.bloomberglaw.com/law-reports/d-c-circuit-upholds-ban/


Again. This time it's assault rifles and large capacity magazines. This guy must live in some neighborhood if he's in this sort of arms race.

Oh and the ban was ruled Constitutional based on the ruling in the, wait for it, other Washington D. C. V Heller Case decided by the Supreme Court of the United States based on AJ Scalia's own words.

Actually you're wrong.  The issue has never been adjudicated.  Any mention of assual weapons ban in that case was dictum and not holding.  The issue was not in controversy and therefore not ripe for that case.
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PostIcon Posted on: Apr. 25 2013, 11:58 pm Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE


(pass-thru @ Apr. 25 2013, 8:53 pm)
QUOTE

(High_Sierra_Fan @ Apr. 25 2013, 9:09 pm)
QUOTE
Heller v Washington D. C.

http://about.bloomberglaw.com/law-reports/d-c-circuit-upholds-ban/


Again. This time it's assault rifles and large capacity magazines. This guy must live in some neighborhood if he's in this sort of arms race.

Oh and the ban was ruled Constitutional based on the ruling in the, wait for it, other Washington D. C. V Heller Case decided by the Supreme Court of the United States based on AJ Scalia's own words.

Actually you're wrong.  The issue has never been adjudicated.  Any mention of assual weapons ban in that case was dictum and not holding.  The issue was not in controversy and therefore not ripe for that case.

So Bloomberg Law got their story wrong?
"
D.C. CIRCUIT UPHOLDS BAN ON ASSAULT RIFLES
Kate Hooker | Bloomberg Law

Heller v. District of Columbia, No. 10-7036, 2011 BL 256035 (D.C. Cir. Oct. 4, 2011)

A panel of the U.S. Court of the Appeals for the District of Columbia Circuit ruled that certain portions of the District’s gun control legislation did not violate theSecond Amendment rights of gun owners on October 4, 2011. Specifically, the Court upheld the laws requiring a basic firearms registration scheme for handguns, as well as an outright ban on semi-automatic rifles and magazines capable of holding more than ten rounds of ammunition..."

"... Accordingly, the Court held that the District showed a substantial relationship between the laws banning semi-automatic rifles and magazines holding more than ten rounds and the dual goals of protecting police officers and controlling crime, which meant that plaintiffs’ Second Amendment rights were not violated by the legislation...."

I somehow doubt that.

ETA: Beyond that the dissenting Judge appears to also  have been under the impression Constitutionality of the ban was at issue. Given he wrote about that very item:

"DISSENT

In a lengthy dissent, Judge Brett M. Kavanaugh argued that both the District’s ban on semi-automatic weapons and its gun registration requirements were unconstitutional under Heller.
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PostIcon Posted on: Apr. 26 2013, 12:11 am Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

OK....pardon me, I thought you were referring to the 2008 USC case.  Because seriously, who gives a fly crap what the DC circuit court has to say. Hardly the end of any issue.   Until the USC rules, the issue is open.
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PostIcon Posted on: Apr. 26 2013, 12:15 am Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

The overlapping names ARE going to cause a fluffle eh?

Heller II?

Heller 2.0?

Heller and Back Again?

Old Heller and New Heller?

Why wait for SCOTUSBlog to give it a catchy title* IMHO.

OTOH I actually mentioned the OTHER "Heller" case, and the post was hardly a tome obscuring the fact there are now two "Heller"s.

ETA  * Because simply flipping the two parties seems hardly all that spiffy...

"District of Columbia v. Heller" for 2008

"Heller v. District of Columbia" for the latest one.

As to fly crap? Well the path to the SCOTUS (though, sadly enough given their football program's many violations, not the Univeristy of Southern California), does go through the District Courts more often than not.

The ever more besieged Mr. Heller has to follow that path just like the rest of us, unless he developed a truly impressive ability to throw from the pocket in any event....
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PostIcon Posted on: Apr. 26 2013, 7:53 am Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

pass-thru
QUOTE
Until the USC rules, the issue is open.


Not exactly. TIME is one of the tools used by cities like DC and Chicago. UNTIL ruled unconstitutional by the Supreme Court, or else the Court refuses to accept the case, an obviously unconstitutional law is enforced and people jailed for violation. The TIME it takes to get the Supreme Court to rule on something can be 10 to 20 years IF the city wants to use delaying tactics as Chicago and DC did before Heller. Then, once the unconstitutional law is overruled, a new unconstitutional law that has the same affect is enacted. That new law can stand for another 10 to 20 years until overruled. And so on.

Sound familiar? Try to legally posses a gun in DC or Chicago today, AFTER Heller.

That is why I have posted in previous threads that the US Constitution is now a myth, like George Washington and the cherry tree - and that the overpaid black robed judges are useless.

Note that similar tactics will be used to legalize marijuana IF the Feds push the issue. Food for thought - Do the Feds enforcement personnel get permits to carry guns in Colorado? How effective would they be WITHOUT local support? Or with local law enforcement working against them?
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PostIcon Posted on: Apr. 26 2013, 10:27 am Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

Hmmmm.  The same Circuit Cout found in favor of the DC ban in the previous Heller case.  The Supreme Court overturned that old ban.  We'll have to wait and see if the Supremes do so for this new ban.
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PostIcon Posted on: Apr. 26 2013, 3:03 pm Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

So Buggy Washington's crime has spiked upwward AFTER the ban was overturned, no? If that indeed is the case and knowing you I've got to ask what is it you are trying to say?

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PostIcon Posted on: Apr. 26 2013, 9:20 pm Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE


(double cabin @ Apr. 26 2013, 3:03 pm)
QUOTE
So Buggy Washington's crime has spiked upwward AFTER the ban was overturned, no? If that indeed is the case and knowing you I've got to ask what is it you are trying to say?

Yea, it's so easy to get a weapon to defend yourself in DC!

Just go to the gun store and load right up! Easy peasy!:D

"And, if you think all that is bad, it used to be much worse…"

http://www.washingtontimes.com/blog....-gun-dc


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PostIcon Posted on: Apr. 26 2013, 9:50 pm Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

QUOTE
Just go to the gun store and load right up!

I can just walk into a gun store, drop my CWP on the counter along with the cash and walk back out with it in 10 minutes or less. If I want, I can load up, strap it on and walk out locked and loaded.
No additional registration or costs or visits to a police station.
Easy peasy.


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PostIcon Posted on: Apr. 27 2013, 12:23 am Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE


(Bass @ Apr. 26 2013, 4:53 am)
QUOTE
Sound familiar? Try to legally posses a gun in DC or Chicago today, AFTER Heller.

It does sound like anti-abortionist tactics, I would say DC should be careful or the court might proscribe a more stringent solution if they persist, should as what happen with separate but equal?

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PostIcon Posted on: Apr. 28 2013, 3:10 pm Skip to the previous post in this topic.  Ignore posts   QUOTE

Still don't want to debate in good faith Buggy but offering actual rebuttals instead of attempted misdirectional drible like that?

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