DC doesn't uphold SCOTUS gun law decision

JaJae · 07-18-2008, 07:48 AM

Dick Heller is the man who brought the lawsuit against the District's 32-year-old ban on handguns. He was among the first in line Thursday morning to apply for a handgun permit.

But when he tried to register his semi-automatic weapon, he says he was rejected. He says his gun has seven bullet clip. Heller says the City Council legislation allows weapons with fewer than eleven bullets in the clip. A spokesman for the DC Police says the gun was a bottom-loading weapon, and according to their interpretation, all bottom-loading guns are outlawed because they are grouped with machine guns.

WUSA9.com | Washington, DC | DC Rejects Handgun Application

This is becoming criminal in my opinion. They're purposely going against the Supreme Court decision here. Looks like Heller will be back in court to force them to comply with the SCOTUS decision. He's also collecting signatures to run for the House seat.

Dumpy Dooby · 07-18-2008, 07:57 AM

I just came here to post this. I'll bet someone got a kick out of rejecting Heller's application.

Dumpy Dooby · 07-18-2008, 07:58 AM

Oh, also, there's a second reason why the application was rejected: you are required to bring the handgun you are applying with to the police station so they can do ballistics tests among other things, Heller did not do that. Also, at this point is when they would attempt to confiscate any of the outlawed handguns.

Dumpy Dooby · 07-18-2008, 08:01 AM

One of the comments on the site:

Sooooo,Since Ma gansta boyz and I use our gats upside down, they'd b o K cuz theys then B top loaders KOOOOOOOOOOOOOOOl! Yeah lez Gooooooooooo.

Another interesting comment:

WUSA needs to fact-check and get their story straight. I just watched the 7:00 show and McGinty stated that Heller was denied his permit because his particular make/model of semi-auto holds more than 12 rounds -- not because it's a "bottom loader".

Referring to the MPD's own website FAQ on the registration process, there's absolutely NO reference to "bottom loaders".

http://mpdc.dc.gov/mpdc/cwp/view,a,1237,q,565463.asp

Either WUSA's got the story wrong, the MPD FAQ is wrong, or whomever they spoke with at MPD is making things up as they go along.

JaJae · 07-18-2008, 08:02 AM

Originally Posted by Dumpy Dooby

Oh, also, there's a second reason why the application was rejected: you are required to bring the handgun you are applying with to the police station so they can do ballistics tests among other things, Heller did not do that. Also, at this point is when they would attempt to confiscate any of the outlawed handguns.

I really think the whole thing is becoming criminal. As far as I'm concerned the long term ban they imposed on firearms was unconstitutional and now that the SCOTUS has forced them to comply with the constitution they're purposely ignoring their decision. They deserve to be sued by the NRA and every gun owner in DC.

WickedLou9 · 07-18-2008, 09:35 AM

Originally Posted by JaJae

I really think the whole thing is becoming criminal. As far as I'm concerned the long term ban they imposed on firearms was unconstitutional and now that the SCOTUS has forced them to comply with the constitution they're purposely ignoring their decision. They deserve to be sued by the NRA and every gun owner in DC.

They are going to play the cute little 2 year old game. You know the one where mommy says don't touch the TV, and the toddler walks up to the TV and smiles, and then puts his/her finger near the TV and smiles, and then puts the finger really really close to the button but doesn't quite touch it. That is what DC is doing. Oh we can't ban them but we can have regulations? Ok well lets regulate the shit out of it to the extent where maybe only a revolver is legal and nothing else. tee hee.

JaJae · 07-18-2008, 10:00 AM

Originally Posted by WickedLou9

They are going to play the cute little 2 year old game. You know the one where mommy says don't touch the TV, and the toddler walks up to the TV and smiles, and then puts his/her finger near the TV and smiles, and then puts the finger really really close to the button but doesn't quite touch it. That is what DC is doing. Oh we can't ban them but we can have regulations? Ok well lets regulate the shit out of it to the extent where maybe only a revolver is legal and nothing else. tee hee.

I agree, but this is the stuff that really pisses me off...

Assistant Police Chief Peter Newsham said the regulations can be "interpreted" in various ways. "But this isn't a 'gotcha' program. We're trying to accommodate people," he says.

D.C. refuses to register litigant's semi-automatic handgun - On Deadline - USATODAY.com

These people are purposely and blantantly violating his rights now. I really think this is becoming criminal and wouldn't be upset to see charges brought against the people responsible for this.

Stylerod · 07-18-2008, 10:01 AM

Originally Posted by JaJae

I agree, but this is the stuff that really pisses me off...

D.C. refuses to register litigant's semi-automatic handgun - On Deadline - USATODAY.com

These people are purposely and blantantly violating his rights now. I really think this is becoming criminal and wouldn't be upset to see charges brought against the people responsible for this.

Wow, this is amazing.

kinggovernor · 07-18-2008, 10:22 AM

bottom loading,wtf I have never heard of such a term

brb I am going to try to register my muzzle loader.

the m249, m240g, mark19 and ma deuce (all machine guns that our military currently use) are not "bottom loading"

7960 · 07-18-2008, 10:45 AM

Originally Posted by JaJae

This is becoming criminal in my opinion. They're purposely going against the Supreme Court decision here.

I agree, but nobody will do anything about it.

I posted this a while ago

Originally Posted by me

.....my friend and anyone else in that town had to sue to get what the constitution promised him:

...my friend lived in a town in mass and went for his concealed carry license. the police chief denied it because he doesn't think anyone needs to carry. so my friend went to court and sued the police chief, won, and got his license.

D.C.'s Gun Ban Gets Day in Court

The police chief is clearly violating the constitution and the laws of the state and has to be brought to court EVERY time because he disagrees with the law. Why isn't he in jail?

thewise1 · 07-18-2008, 11:56 AM

Originally Posted by Dumpy Dooby

One of the comments on the site:

Sooooo,Since Ma gansta boyz and I use our gats upside down, they'd b o K cuz theys then B top loaders KOOOOOOOOOOOOOOOl! Yeah lez Gooooooooooo.

holy shit

thewise1 · 07-18-2008, 11:57 AM

Originally Posted by JaJae

I really think the whole thing is becoming criminal. As far as I'm concerned the long term ban they imposed on firearms was unconstitutional and now that the SCOTUS has forced them to comply with the constitution they're purposely ignoring their decision. They deserve to be sued by the NRA and every gun owner in DC.

So like, the NRA and 2 people?

kinggovernor · 07-18-2008, 01:11 PM

if you try to register a pistol, the police are going to take it from you and possibly file charges.
Gun Registrations Off To Slow Start in D.C. - washingtonpost.com

It's really unbelievable

JaJae · 07-18-2008, 01:40 PM

Originally Posted by thewise1

So like, the NRA and 2 people?

The gun owners are intimidated. And when you ban guns you do prevent law abiding citizens from possessing them. Your average gang banger criminal isn't going to register them.

Newsham said if anyone shows up to register a semiautomatic pistol that fits the city's definition of a machine gun, police will confiscate the gun but will not immediately arrest the owner. But he said police reserve the right to investigate and eventually file charges.

Donkey® · 07-18-2008, 02:04 PM

I don't see how they are doing anything wrong? They Heller case didn't address the semi-auto handgun law.

thewise1 · 07-18-2008, 04:24 PM

Originally Posted by JaJae

The gun owners are intimidated. And when you ban guns you do prevent law abiding citizens from possessing them. Your average gang banger criminal isn't going to register them.

oh i agree, i was just being facetious (sp?)

7960 · 07-19-2008, 01:42 AM

Originally Posted by Donkey®

I don't see how they are doing anything wrong? They Heller case didn't address the semi-auto handgun law.

It didn't specifically address the 7.3 inch barreled, green handled, guns fed from a 4-bullet magazine loaded on a 23* slant either.

Were they supposed to identify every gun in the decision?

Libertaire · 07-19-2008, 02:33 AM

That's what trips me out about these bans. They're cosmetic! Only in American government.

Donkey® · 07-19-2008, 11:55 AM

Originally Posted by 7960

It didn't specifically address the 7.3 inch barreled, green handled, guns fed from a 4-bullet magazine loaded on a 23* slant either.

Were they supposed to identify every gun in the decision?

There's a difference between banning 8 cylinder cars and cars that are green.

7960 · 07-20-2008, 01:18 PM

Originally Posted by W.J. Wilczek

‘We also recognize another important limitation on the right to keep and carry arms. Miller said, as we have explained, that the sorts of weapons protected were those "in common use at the time." 307 U. S., at 179. We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of "dangerous and unusual weapons." (Citations Omitted)’ District of Columbia v. Heller, Slip Opinion at 54, 55, 554 U.S. _____ (2008 ).

a handgun is not unusual.