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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???
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.
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.
"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!
@IMGoph - let's just pray the test is in Spanish as well as Inglish.
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!
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.
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.
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
Here's an idea (circa Chris Rock) tax bullets so they cost $5,000 each.
Think about it, this works on so many levels.
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."
Dauragon: Why no LOL for the gun pointing directly at the surprisingly curvy American Apparel model?
Quick, all the criminals currently carrying illegal handguns better kill us all before we can fight back!
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.
Is it wrong for me to be slightly excited and yet completely terrified at the same time?
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.
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.
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???
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.
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.
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?
The most important question right now is, "What does Heidi Montag think of all this?"
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.
"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.
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
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....
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.
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.
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.
@ClevelandRocks: you could stand on opposite sides of a non-load-bearing wall and fire blind through the lath and plaster.
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.
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.
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.
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.
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...
Now if we only had a vote in congress then we finally be complete US citizens :)
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.
I like ponies.
But clowns scare the bejesus out of me. So I don't like clowns.
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.....
Just a reminder - there is in fact at least one licensed firearms dealer in the District. His name is Josh Sugarmann and he's executive director of the Violence Police Center (a gun control group). It's really odd that he's a federally licensed firearms dealer and I doubt he'll be setting up shop anytime soon.
And to clarify some stuff for folks, as a District resident you can not directly buy a handgun in another state - not even at a gun show. All purchases would have to go through a FFL [Federal Firearms License] dealer in the District, such as Mr. Sugarmann.
Monkey -- the thought of you rockin' a speedo with a loaded gun scares me more than any DC gun ownership provision.
Listen, it would make no difference if gun shops were here or not, that is not what the court ruled. They ruled simply on the right to own a handgun which has been affirmed anywhere in the U.S. of A. Deal with it.
Unrelated to guns:
How many (word that rhymes with fussies) do we have in DC? How many times do I see drunks get on the train Union Station and harasses everyone, and no one ever says anything. Why am I the only one who stands up while everyone else just sits back and watches the show. LEARN to stand up for yourself. Get some balls !!!
Listen, it would make no difference if gun shops were here or not, that is not what the court ruled. They ruled simply on the right to own a handgun which has been affirmed anywhere in the U.S. of A. Deal with it.
Hush, now honey. The adults are talking.
Lost in the media commentary so far is the section dealing with the 2nd amendments applicability to the states. As it stands, the second amendment is not currently applicable to the state legislatures. Remember that the Bill of Rights was created as a set of limits on the federal government only. The 14th amendment came along and incorporated some, but not all, of the bill of rights and made those applicable to the states. So that will be for another case. Likely someone in NYC who sues and claims that New York must abide by this decision because the 2nd amendment applies to New York via the 14th amendment. DC is an odd duck because it is a federal enclave. So the 2nd amendment controls federal action to make laws to prohibit handguns in DC, but doesn't currently affect the states rights to do so via the 14th amendment.
Martin, what an awful, awful analogy.
Shouting 'fire' in a crowded theatre is more like SHOOTING a gun in a crowded theatre.
Should you have to wear a muzzle when you go to the theatre or the 9:30 Club? After all, you might be tempted to shout 'fire'.
Everyone here seems to be assuming that DC residents would be buying their first handgun.
There are thousands and thousands of DC residents who weren't born here. (I know, hard to believe, right?) Plenty of folks legally purchased handguns prior to moving to the district, and continue to legally own and store their firearms in the state from whence they came. No FFL is required to purchase an out-of-state handgun for these folks, because the out-of-state handgun is already their property. The only thing gun owners need do when they move from state to state is re-register their gun in their new state, but only if they bring the firearm with them, and the new state has a law to that effect.
And as for purchasing new handguns, there already are FFL and CRFFL holders in the district. I know two such people. I think there's a misconception that everyone who lives in DC was born here and spends their whole life here. Sorry, alot of us are from states that enjoy the simple pleasures in life. You know, like voting representation and Constitutional protection.
fussies does not rhyme with pussies, thecenter, unless you speak with some weird accent i've never heard.
Couple of points:
No, that would be exactly like making it punishable by law to bring your mouth into the 9:30 club because you *might* shout "Fire".
...and even then, there's an even-odds chance that the SCOTUS might overturn it, since we know how often THEY respect local decisions (like death-penalty-for-child-rape-in-LA, no?)
- MuscleDaddy
Get some balls !!!
Sorry, alot of us are from states that enjoy the simple pleasures in life
Sheesh, so much prickliness from the gun-toters today. Shouldn't y'all be kissing each other on the steps of the SC building?
Well, I've got to go--gonna go to the Sig Sauer website and pick out my rod.
I planted a wet one on Scalia, and he asked me if I had a gun in my pocket, or was I happy to see him...
@OldPosterKnownAsCranky: Clowns with guns really scare me.
The City should prohibit gun shops from being within 1,000 feet of liquor stores. Since there is a liquor store on almost every block, would-be gun shop owners would have to buy out dozens of liquor licenses to open a store. This could finally reduce our oversupply of liquor stores. It would also probably concentrate gun stores west of the Park, balancing out the violent crime rates in the District.
I high-fived Scalia...
Yahooooo! Now maybe I can take care of some of the culture around DC! Hey man... I'm just making my own culture! Don't rain on my parade.
I am an NRA and BCI certified instructor. I am offering classes NOW for DC residents who would like to get a head start on getting their gun.
Please contact me at www.discovershooting.net
As long as we're choking this thread with spam:
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DC baiscially says you can own now.
"For the next 21 days, D.C. Police officers will use discretion if they arrest anyone with an illegal gun in the home. If a person is found with a gun but is not committing any other crimes, the person will not be charged.
D.C. Police say they will grant amnesty to people who currently have guns, and allow them to register their guns. "
monkey—he's just a woman!?
So it's pretty much at the discretion of the MD/VA gun seller, right? I mean, is there anything preventing THEM from selling to a DC resident? Because if I'm reading this correctly, with the current DC gun amnesty, you can just buy out-of-state guns NOW, and once DC gets its act together, you can get it registered, right?
HA! I used "DC" and "get its act together" in the same sentence!
I slay me sometimes.
Goph - I dunno about that, but I do know all there is to know about the crying game. I met her in a pub down in old Soho where they drink champagne and it tastes just like cherry cola.
c-o-l-a, cola.
Monkey - NO, federal law prohibits any gun seller [FFL- Federal Firearms License dealer or individual/gun show attendee] from selling a handgun to anyone from a another state. There's no way a MD or VA dealer would sell to a DC resident. The individual would have to show a MD or VA license and perjure themselves on a 4473 Federal Firearms Transaction form and somehow miraculously pass a NCIS 'Brady Bill' background check. Then in MD they would additionally have to wait a week for the Maryland State Police to investigate the purchase. Anti gun folks love to make it sound like you just walk into a gun shop and plunk down cash for a gun. That's not how it works. Unless you want to commit a felony, in which case you can just go buy a gun at 6th & N St. most weekend nights.