June 26, 2008
Don't Go Buying a Gun Just Yet
So there we have it -- the U.S. Supreme Court finally issued a definitive ruling on what the Second Amendment actually means. But what will it mean for the District in a more practical sense? For now, not much.
At the big press conference at noon, Mayor Adrian Fenty made the following remarks:
“I’m disappointed in the Court’s ruling and believe introducing more handguns into the District will mean more handgun violence,” said Mayor Fenty. “But I want to emphasize that at this moment, our gun laws remain in effect. It may be several weeks before there are changes to announce."
In an earlier interview with D.C. Wire, Interim D.C. Attorney General Peter Nickles also warned District residents not to rush out and buy themselves handguns under the assumption that it's now fair game:
[Nickles] said that residents will not be able to buy a handgun and bring it to the city immediately following the high court's ruling. There will be a period of continued legal arguments before a lower court judge to hash out specifics around the high court's opinion, Nickles said. In the meantime, Nickles said, Mayor Adrian M. Fenty's administration will instruct the police department to issue new regulations within 30 days detailing the process for registering handguns.Residents will eventually be able to own a handgun, but not without jumping through a number of hoops (registration and writing test included) and not for use outside the home. And for those of you who bought fancy holsters, return them -- it's pretty unlikely that any new regulations will include permission to carry that handgun to the park, to a restaurant, or to work.
The ruling makes clear that the Second Amendment guarantees an individual right to own a gun, but even majority opinion author Justice Antonin Scalia admitted that regulations on handgun ownership are permissible. In that sense, the ruling may be good news for the District and other urban areas. Gone is the big philosophical and historical argument about what the founders really intended, replaced instead with a more fine-tuned debate over what types of restrictions are necessary for particular areas.
The NRA has already announced its intention to challenge gun restrictions in other cities, but hopefully the courts will allow municipalities across the country the flexibility to determine what types of restrictions -- though not outright bans -- best serve their purposes. If the First Amendment is subject to various restrictions, so is the Second Amendment. If shouting fire in the 9:30 Club is punishable by law, it's not much of a stretch to argue that carrying a handgun into the club should be too. Of course, any new regulations would have to be approved by Congress, and we know how often they respect local decisions. Sigh.
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... but not without jumping through a number of hoops (registration and writing test included.)
Hey, hey, hey!!!!! Hold on there, whippersnapper. Where is it in the constitution that I have to know how to write to own a gun???
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I already see some constitutional issue with Nickles saying registered guns will only be allowed in a person's home. What if I want to take my gun to a shooting range in MD or VA? What if I want to carry my gun to and from work as a means of self-defense? The Heller opinion leaves everything open to legal challenge.
No doubt the city will try to slow things down and put up all sorts of hoops and hurdles. Which also no doubt means lawsuits seeking to force the city to come up with laws and regulations that comply with the Court decision.
This ruling is basically a bonanza for lawyers who will spend the next several years filing cases or defending cases challenging gun laws all across the country.
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the ironic thing about all this is that the written test will keep a lot of people from owning a gun because of their quality DCPS edumacation.
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"the ironic thing about all this is that the written test will keep a lot of people from owning a gun because of their quality DCPS edumacation."
See? Everything has its purpose!
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@IMGoph - let's just pray the test is in Spanish as well as Inglish.
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The moment I read this decision I asked myself, "How can I, as a Christian, profit from this?" So far, I have the following:
1. Purchase the most expensive firearm I can afford at the next Dulles gun expo.
2. Insure the gun for an exhorbitant amount.
3. Injure myself by chewing on the trigger guard.
4. Sue the seller, manufacturer, and the District for not protecting me from my own stupidity by having the trigger guard engraved with the warning, "DO NOT CHEW" and by allowing a primate sex offender to purchase a firearm.
5. Report the weapon stolen. Claim the insurance money.
6. Pitch the idea for a reality TV show based on this experience. Working title: Pimp My Straw Purchase Monkey Punk'd Fraud Clinic.
7. Use the advance money to purchase an entire vacant floor of a downtown condo building, seal it, and run around naked with a chainsaw and hockey mask chasing women I met on Myspace.
8. Sell the video to Vivid. Working title: Girls Gone Wild--Second Amendment Gentrification Edition.
9. PROFIT!
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If DC tries to go kicking and screaming, I wonder if Congress will smack them down? Given that the Dems are in charge, probably not.
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What about semi-auto handguns? Did Nino talk about those?
I've fired a Glock .45 before, and it scared the bejesus out of me. It was like lighting of a hundred cherry-bombs in your hand. I just couldn't imagine directing that much energy at somebody's body. Personally, I think I'm going to look into a Derringer. Or maybe one of those pistol/shotgun things from Cold Mountain. Better yet, I'll just hire Jude Law as my body guard. His career has been tailing off ever since the Required Jude Law's Presence in All Movies Act of 2004 was repealed by Congress.
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Personalized ads have never been more useful :
http://img.photobucket.com/albums/v39/Dauragon88/adlol.jpg
hahaha! I know what I'm getting on payday! :D
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Here's an idea (circa Chris Rock) tax bullets so they cost $5,000 each.
Think about it, this works on so many levels.
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My favorite piece of this entire thing is when CNN interviewed this gun nut firearm enthusiast in Georgia who said, "It's a great day for the residents of Washington, D.C. who can now enjoy all the rights that other freedom-loving Americans enjoy."
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Dauragon: Why no LOL for the gun pointing directly at the surprisingly curvy American Apparel model?
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Quick, all the criminals currently carrying illegal handguns better kill us all before we can fight back!
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On the bright side, the next time there's a zombie uprising, DC will be better prepared for it. No need to improvise weaponry such as cricket bats or crowbars anymore.
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Is it wrong for me to be slightly excited and yet completely terrified at the same time?
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Fenty, I'm going out to buy one right now, there's nothing you can do. The SC's ruling is effective immediatly and has no time constraint. Your laws are void and void. Really what are you going to do? Arrest me under a law that was already overturned. Fenty please try to fight crimes other ways, than creating crimes for people not respecting your illegal laws. You'll only be wasting more city money.
I'm headed out to Fredrick this weekend, and coming back on Monday a proud man.
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The first bit of common-sense gun restriction DC needs to implement is to mandate that all gun purchasers wear bikinis..
I consider it my civic duty to ensure this rule is enforced.
In an inflatable pool full of pudding.
Aw, yeah.
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that guy from GA - was it Wildman (Owner of the shop "Wildman's")? He was the same guy who helped push the law in Kennesaw, GA that everyone MUST own a firearm in the home. He's actually insane, and they seem to interview him everytime there's something around gun control...because Georgia needs another wack job to make those from GA look ridiculous!
Oh, CNN...why did you have to base yourself out of Atlanta???
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Your laws are void and void. Really what are you going to do? Arrest me under a law that was already overturned.
Heroic. You're like that guy in Tienanmen Square.
I'm headed out to Fredrick this weekend, and coming back on Monday a proud man.
Well, per the ATF guy that was just on Kojo Namdi, that's a federal crime. You'd need to get the gun store in Frederick to ship your new gun to a legal gun dealer in DC. Conveniently, there are no registered gun dealers in DC.
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Here's some options the District should consider:
Banning the sale of handguns in DC, and banning the buying guns in another state for the purpose of evading local laws. Two, they should create laws making hand gun free zones in high crime areas.
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I'm headed out to Fredrick this weekend, and coming back on Monday a proud man.
Going out a boy, and coming back a man, eh? What, are you learning to handle a gun or just losing your virginity?
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The most important question right now is, "What does Heidi Montag think of all this?"
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I for one am happy with the ruling (sort of).
After 32 years and >10,000 people killed & injured (i'm guessing) there is finally a chance to get the neutered gun-ban law in DC right.
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"Going out a boy, and coming back a man, eh? What, are you learning to handle a gun or just losing your virginity?"
He's getting his knob polished on Sunday afternoon by a strange old white lady at the Keys game, that much I know.
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ibc,
Thats where you are wrong. There are ways around that. He could have an address for all you know in MD, register it there and legally bring it to his other residence in the District. Bingo Bango he owns a gun and can register it in DC
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But, Martin, shouldn't you have a right to take your new gun to Nats stadium to protest the stadium that none of your tax dollars helped build?
I must admire how I tied that one together....
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OK, so if you can only have your gun in your house and you still want to have a duel, the only way I can see it working is if you are having a feud with your neighbor and you decided to have a showdown from your respective living rooms. which means that if you want to have duel, the other person needs to live in visual proximity to one of your windows.
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Sounds like the Supreme Court's "Ban on Gun Bans" is about as effective as DC's "Ban on Guns."
DC Government and criminals (but i repeat myself) just ignore and evade prohibitions they don't like.
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The lack of any federally licensed dealers in DC means no handguns, regardless of Heller. Until we have such a dealer, there will continue to be no handguns for the common folk. And there's going to be a Monkeypoop-storm when the first dealer tries to set up shop in DC. It will be the mother of all zoning battles.
Here's the thing that makes no sense: DC allows long guns, so long as they're properly registered. But, if I recall correctly from a Post article, there's no mechanism to check what happens to those guns after they are registered. You apparently go through hoops and hurdles to get a long gun legally, and then the city doesn't care anymore. No follow up. No regular registration renewals. Nothing. It makes no sense. Like a Wookie on Endor.
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@ClevelandRocks: you could stand on opposite sides of a non-load-bearing wall and fire blind through the lath and plaster.
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Incidentally, does anyone have a recommendation for a good "learn to shoot" gun rental and firing range? Preferably one that's Metro accessible, since there's no way I'm driving out to the outer burbs. The crazy way people drive around here, that's just not safe.
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I think from Fenty's response, a DC citizen will be able to purchase a handgun from any out of state dealer and register it in DC.
Wait and see how they write the law to make the process work .. or not work.
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I think from Fenty's response, a DC citizen will be able to purchase a handgun from any out of state dealer and register it in DC.
Well, I wasn't paying much attention, but the ATF guy seemed to be saying that was not legal at the federal level.
Obviously if you have multiple legal residences that's not an issue (as pointed out above). I'd imagine buying at a gun show might be a way around it too.
Disclaimer: The sum total of my knowledge on this topic comes from overhearing about 10 seconds of a radio program this afternoon, so I am an expert.
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Incidentally, does anyone have a recommendation for a good "learn to shoot" gun rental and firing range?
Any Go-Go club parking lot on a Saturday night? Too bad they closed the Ibex... heady days.
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you know, part of what's really pissing me off about this whole thing is the play the news is getting in other parts of the country. my rss reader is giving me news articles from michigan, georgia, and pennsylvania where they're saying "court rules in favor of americans' right to own guns" but doesn't discuss the voting issue here.
i feel like some lip service should be payed to our servile status, if we're going to have our laws overturned...
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Now if we only had a vote in congress then we finally be complete US citizens :)
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Right, but you're kind of commingling two issues: the SC overturning the gun ban has nothing to do with the issue of District voting rights, other than in the most tenuous way (we can't vote, but the president nominates the SC justices, and the Congress consents, etc...). There are a lot of factors that have led to the current composition of the court, but DC not having the right to vote isn't really one of them.
Now if *Congress* had stepped in and lifted the ban, then I'd be pissed. Still I'd like my two Senators. If not, I still think we shouldn't have to pay federal income taxes.
Plus I'd like a pony.
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I like ponies.
But clowns scare the bejesus out of me. So I don't like clowns.
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I love all the clowns that were hoping that the 2nd Amendment would be gutted. I wonder how much they'd cheer if the 4th Amendment were gutted because the provisions were "antiquated" in this day and age of terrorism. Probably not much.....