DC trying to get around the Heller ruling.

[legion]

It just amazes me how politicians can follow the rules they want to, and not the ones they don't want to.

Heck, I've even heard of various government departments changing their behavior ahead of a court ruling or new law...

[legion]

More:

http://blogs.usatoday.com/ondeadline/2008/07/dc-refuses-to-r.html?csp=34

USA TODAY's Kevin Johnson reports that the District of Columbia refused this morning to register a handgun on behalf of the security guard whose legal challenge resulted in last month's landmark Supreme Court ruling on the Second Amendment.

Dick Heller was one of two applicants who were waiting at police headquarters when the doors opened to prospective gun owners at 7 a.m. ET. Officers wouldn't let him register a semi-automatic handgun because local laws still ban such weapons.

"The city still does not yet understand the decision of the Supreme Court," Heller says on the steps of police headquarters. "We have been denied again," he adds.

Dane von Breichenruchardt, president of the Bill of Rights Foundation, said the city was attempting to make gun ownership as "difficult and restrictive as possible."

"We're going to be back in court. There is no doubt about that," he says.

Under the terms of an emergency law that was passed earlier this week, residents may store handguns in their homes for self-defense purposes. Every gun owner has to pass a written test and vision exam, submit the weapons for ballistic testing and prove they live in the city.

Short of the prior gun ban, the provisions still rank as some of the toughest in the nation.

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.

[jyl]

My thoughts:

The disassembly/trigger lock requirement is explicitly contra to the Supreme Court's decision. Pretty much assures DC another adverse ruling.

The semi-auto ban is probably contra because is a very common, popular type of self-defense weapon, but need another court decision to determine.

The bureaucratic requirements like photos, fingerprinting, etc, and the background check requirements like ballistics test, criminal record, mental health check, I would think they pass legal muster.

DC can probably get away with some delay in issuing registrations, even a couple months might pass muster.

[legion]

It should be clear to everyone that DC (and Chicago...and New York...and California) have no intention whatsover of complying with this ruling.

[on2wheels52]

I assume Chicago is taking notes for implimenting their program.
Jim

[BReif61]

Originally Posted by Jim Richards

MD gov't likes your money.

Truest words I've read today.

[jyl]

Why do you include CA? AFAIK California has no gun ban that would be contra to Heller, nor does any California local govt.

Originally Posted by legion

It should be clear to everyone that DC (and Chicago...and New York...and California) have no intention whatsover of complying with this ruling.

[Danny_Ocean]

Originally Posted by jyl

Why do you include CA? AFAIK California has no gun ban that would be contra to Heller, nor does any California local govt.

San Francisco has a gun ban.

[The Gaijin]

Don't worry free speech, assembly and press are next.

This board and all other objectionable INTERNET content will be banned.

The context in which they have reinvented themselves over the last 230 years have been determined not to be inalienable rights..

Big B.

[Superman]

Originally Posted by Rick Lee

My house handguns are all grab and fire.

According to my NRA gun safety course, my father and grandfather, and every other reasonable gun owner I have talked to, you are an idiot if you keep loaded guns in the house, particularly with live ammunition in the chamber. FWIW.

On the other hand, anybody who thinks the gubmit is poised to sweep through your neighborhood tonight and confiscate everyone's guns, will probably also be keeping their guns in a loaded condition with the safety's off. The "idiot" term probably applies here also.

Do you guys hear black helicopters too?

[The Gaijin]

Maybe Rick may lives in a bad neighborhood and has no children around??

Besides that, you can commit no crime and someone can call 911 from your stoop and they will come a running. I would hate to get in trouble for nothing more than an assembled gun as the SWAT team kicks in the door.

Stupid rules that are contrary to private citizens exercising their constitutional rights.

[jyl]

San Francisco's general gun ban was struck down by the CA Supreme Court.

The only "gun ban" in SF is a prohibition against handguns in San Francisco's public housing. I am not convinced that the latter violates Heller.

Originally Posted by Danny_Ocean

San Francisco has a gun ban.

[Jeff Higgins]

I guess I'm an idiot. So was my dad, and my grandfather. All of my uncles, too. So is every NRA instructor I know. I grew up in a house with loaded guns everywhere. So have both of my boys, so did all of my cousins, so did my dad, my grandfather, and on and on. Never an accident.

Why? We were around them all of the time and were taught to respect them. Even the empty ones were considered "loaded" at all times and treated accordingly. Any lack of respect for firearms was very quickly corrected indeed. Rather than trying to hide these items from curious children, the men in my family simply exposed those children to firearms at a very early age. Both of my sons were gun owners on their sixth Christmas. Both had killed game animals by their 12th.

I guess by the same logic, young men should not be allowed around young women. An accidental discharge is far more likely in that mix than with kids and guns. Maybe we should never expose our children to "dangerous" situations where they must learn some self control and responsibility. Maybe those of us that expect that from our children are "idiots".

[m21sniper]

Originally Posted by jyl

San Francisco's general gun ban was struck down by the CA Supreme Court.

The only "gun ban" in SF is a prohibition against handguns in San Francisco's public housing. I am not convinced that the latter violates Heller.

SCOTUS ruled that it was illegal to ban whole classes of firearms.

And people in housing units STILL have a right to armed self defense, so yeah, that SF ban is toast IMO.

[Rick Lee]

Originally Posted by Superman

According to my NRA gun safety course, my father and grandfather, and every other reasonable gun owner I have talked to, you are an idiot if you keep loaded guns in the house, particularly with live ammunition in the chamber. FWIW.

Really? Well, you always thought I was an idiot anyway, so no loss there. I don't recall reading in the Armed Citizen column of the American Rifleman any story about someone hearing a disturbance in their house, then going to the gun safe, getting out a gun, loading it, while the intruder waits, and then confronting them. I have no kids and my wife knows what she's doing too. My master bedroom is in a corner of the house with one way in and one way out. My gun safe is in another room. Why would I bet my wife's and my lives on the chance that I can get to a gun and load it before an intruder can block my exit from the MB? I've not ever heard of a gun loading itself and shooting someone. If I ever do, I'll rethink my home defense plan. As for keeping an unloaded gun in the night table and a loaded mag. or speedloader nearby, that's just adding 5-10 seconds to being to defend one's self in an emergency.

[KFC911]

Supe, I'm glad I had a different father and grandfather . Jeff is spot on (as usual) regarding this, and I assure you we are not idiots when it comes to firearms and firearm safety.

ps: Didn't mean to infer that Rick is (by ommission) ...I just hadn't read down that far yet.

[Superman]

I'm a little surprised by Jeff's practices, but okay. FWIW, the rest of Jeff's heritage is exactly the same as mine. Guns all over the place. Respect. Heck, if I had pointed a toy gun at someone with my grampa nearby, I'd wake up on the other side of the room with a sore cheek.

He was also an aviator. Bush pilot. He was an extremely disciplined and careful man. We didn't cruise around in pickup trucks with loaded guns looking for game. We loaded our guns when we parked the truck. While I agree that a deep respect for firearms is imperative, I personally do not rely on that as the sole source of safety for my family. Families have visitors, for example. Guns can be knocked off tables.

A funny story: My drivers' ed teacher said that guns should always be treated as though they are loaded. He also said guns should be stored in the home in an unloaded state, and physically separated from the ammunition stockpile. Then he asked the class "I tell my guests that the guns in my home are all loaded. Are they?" We said no. He said "Yes, they are."

[KFC911]

I don't keep loaded guns everywhere, and I don't have kids around, but I do keep at least one loaded (.45 ACP) but not one in the chamber, and it's not easily found nor accessible, so I find that prudent in my circumstances. Most of mine are seperated from the ammo, and I probably wouldn't be as comfortable keeping a loaded revolver, but an "accident" simply isn't going to happen with the .45...it'd be an "on purpose" . I'm a nut when it comes to firearm safety...haven't picked one up without checking the chamber in 40 years, but imo some of the "rules" are for casual owners to adhere to, and they probably should.

[m21sniper]

My Dad was a cop, and always kept a loaded weapon in the house. At age 15 i had a Mini-14 "Assault rifle" under my bed, with a loaded 20rd magazine. No bigge since i'd been shooting since age 6.

When my old man was out all night protecting everyone else, that Ruger was under my bed protecting me. And i never mis-used it any way.

[Rick Lee]

Originally Posted by Superman

We loaded our guns when we parked the truck. While I agree that a deep respect for firearms is imperative, I personally do not rely on that as the sole source of safety for my family. Families have visitors, for example. Guns can be knocked off tables.

This has nothing whatsoever to do with home defense. There's no point in keeping a hunting rifle loaded/chambered while driving. You couldn't possibly use it while driving and, AFAIK, hunting rifles or shotguns don't have firing pin blocks in them as modern handguns do. You could chamber and cock (to single action) any of my semi-auto handguns, drop them off the roof of your house onto the driveway and none of them would fire. Even if the hammer dropped, the firing pin has a block that can only be released if the trigger is depressed. The stuff you see on tv is less realistic than cartoon animals talking. Other than the cable installer, I can't remember the last stranger I had even come into my house. All others were adult friends and most of them are gun people anyway. No one is gonna accidentally go into my bedroom, root around my night table and test fire my gun. Ditto for playing with my shotgun. I'm far more worried that a neighborhood kid might jump on my bike in the driveway and have it fall on him.