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    July 24, 2008

    Congress Moves to Strike D.C. Gun Laws; Wait, What?

    2008_0724_capitoldome.jpgThey say that it's good to never give up, but would someone send Rep. Mark Souder (R-Ind.) a memo telling him that sometimes it's cool to throw in the towel?

    According to a press release issued yesterday by DC Vote, Souder is looking to re-introduce legislation that would do away with the District's gun laws. Didn't the Supreme Court recently rule that the city's gun ban was unconstitutional, and didn't the police recently start registering handguns and the D.C. Council start re-writing the city's gun regulations? Yes, yes and yes.

    But Souder has been trying for years to gut the District's gun laws, and the Supreme Court's decision has seemingly emboldened him in his quest to make handguns available to everyone, no registration or other reasonable restrictions standing in the way. He's apparently even more committed than before -- this time, he's trying to get the legislation out of the House Government Reform Committee by discharging it, a legislative maneuver that could get the bill to the floor for a vote against the wishes of the committee chairman. D.C. Del. Eleanor Holmes Norton isn't happy, a point she made clear in a statement released yesterday.

    Sigh. We don't need to repeat the same old arguments about home rule, local voices for local choices, Congress getting out of our business, the need for Souder to be declared persona non grata in the District and be helicoptered to and from his office every day without touching city soil, and so on. They're obvious enough to us. Well, most of us.

    Photo by lynch_m_j

    Gary Imhoff, editor of the DC Watch bi-weekly email newsletter on local affairs, argues today that if the D.C. Council won't act to pass legislation in line with the Supreme Court's decision, Congress should.

    The mayor and the council are writing legislation that flouts and defies the ruling; they are pursuing a policy of “massive resistance” by retaining old gun ban restrictions that are explicitly rejected by the Heller decision, and they are considering new restrictions that invite further litigation. Whose responsibility is it to bring DC into compliance with the constitution, if local elected officials refuse to do it? We can go through years of litigation and appeals, defiance and delay, which is clearly the strategy of the mayor, attorney general, and council. Eventually, after years or decades of resistance, the courts will impose gun laws that are consistent with the Second Amendment on the District. Or Congress can pass legislation imposing constitutional gun laws on the District, as is its constitutional right and duty. Even the laboratories of democracy, which can experiment with most of its laws, have to obey the higher laws of the constitution and the Bill of Rights.
    Our problem with Imhoff's logic is that he doesn't see any difference between what Congress can do and what Congress should do. We've long known that Congress can act as a benevolent dictator (or not so benevolent, depending on the member playing the role) when it comes to the District's local affairs, but we'll never argue that it's right that they do so.

    Yes, the Supreme Court ruled that handgun ownership can no longer be banned, but they didn't spell out exactly which regulations and restrictions are permissible. And yes, the D.C. Council is playing dumb, making only the most incremental changes and running the risk of years and years of litigation. But that's how democracy works -- legislative bodies legislate, the judiciary weighs the constitutionality of their actions. Just because Imhoff disagrees with the D.C. Council's actions -- even if he believes they are not living up to the spirit of the court's decision -- doesn't mean that Congress should suddenly step in and legislate for us. If anything, it means that Imhoff should start writing letters, lobbying council members and even threatening to run himself should the council not act. If he's not willing to work within the District's democratic process, than he should be ready for the Pandora's Box he's willing to open by saying that in this case it's OK that Congress legislate for the District from up on high.

    Fortunately, there isn't much time left for Congress to do much of anything this year, so this likely won't go anywhere. It's still frustrating, though, that Souder and the many co-sponsors of his legislation seem to think that allowing District residents unfettered access to handguns is an obvious remedy to the city's problems. The ban didn't work, neither will Souder's solution on the other extreme.

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    Enjoy your Federally funded park system hypocrites.

    When DC takes over Rock Creek Park, then you can make some sort of claim to be an independent city/state. Until then...

    As a reminder:

    Central Park-New York City owned
    Grant Park-Chicago owned
    Fairmount Park-Philadelphia owned
    Griffith Park-LA owned

    Rock Creek Park-owned by the taxpayers of New York, Chicago, Philadelphia, LA, and yes, the 3rd District of Indiana.

     

    Would you feel the same way if DC were abridging your right of free speech by trying to censor your posts? What if the DC council decided to re-segregate the schools in the District? Would you just wait for democracy and years of litigation to work it out? i don't think so. You all but admit the council is engaged in massive resistance. If the DC council will not respect the Constitutional rights of its citizens, Congress has an obligation to step in.

     

    Ianto94,

    I do not believe that in any case Congress should act as a substitute for the decisions of local legislatures. That's how this entire country's system has been set up. Congress can act to punish states that do some of the awful things that you cite in your comment, and in many other cases the courts have already ruled that states cannot do those things (like have mandated segregation or censorship of the media, etc.) The real check on local legislatures is their constituents, the judiciary and the constitution. At the end of the day, it is the courts that decide on constitutionality, not Congress.

    I agree that the D.C. Council is approaching the gun laws in a resistant way. But given what the Supreme Court decision says on regulations, council members can argue that they are within their rights. Only the courts or the voters should be able to tell them otherwise.

     

    What is up with all of the DC haters? I'm not saying the city council is perfect - that would just prove I was stupid and/or insane - but don't you think DC citizens have a right to self-governance? I would gladly foot the bill for Rock Creek Park (though DC taxes are already *quite* high) if it meant that (a) Congress couldn't exert their stray moral compass on the district willy nilly, and (b) DC got an actual vote in that body.

     

    Fortunately, there isn't much time left for Congress to do much of anything this year, so this likely won't go anywhere.

    Ding! Ding! Ding! Hot dog, we have a wiener! If there's anything Congress excels at, it's pushing pointless, unpassable, score-some-brownie-points-with-constituents legislation at the end of their term. Usually, it's for impeachment, but you gotta take what you can get.

    If curbing violent crime is the point of this legislation, they're going about it all wrong. Most of DC's crime problems would be solved by simply turning the Washington Monument into a giant bong, and forming an infinite loop daisy chain while singing "It's a Small World After All." This is completely in line with the original intent of both the Constitution and the Declaration of Independece. I'm sure Scalia would support this wholeheartedly if Smith & Wesson issued a commemorative revolver. I mean, what part of "life, liberty, and the pursuit of happiness" do you not understand? It's all clearly spelled out on the back of the dollar bill, man. There's some spooky s**t goin' on there. And it's green too. And behind every good man there is a woman, and that woman was Martha Washington, man. And everyday George would come home, she would have a big fat bowl waiting for him, man, when he come in the door, man. She was a hip, hip, hip lady, man.

    While we're at it, have Pasta Plus fill the Reflecting Pool with cacciatore, scallopini, and carbonara, and give Marion Barry a lifetime supply of mouthwatering babies and sweet, delicious crack if he agrees to resign.

    Vote Monkeyrotica. Now is you is or is you ain't mah constitients?

     

    "What is up with all of the DC haters?"

    Republicans love to point to DC as the ultimate failure of liberalism. Yeah, they like to point to the heathens in SF too, but most Americans still think DC is still crime ridden third world sh!t hole...little do they know that only applies to Metro now.

     

    The DC Council is taking a narrow view of its responsibilities because Heller was a narrow ruling. The Heller decision made no mention of the ban on semi-automatic weapons. The decision said that you can't ban handgun ownership and you have to have legal provisions for home defense. That's the guidance the Council is following because the vast majority of DC residents were supportive of the ban and remain supportive of strict controls.

    Ianto94... do you think that there hasn't been years of litigation that define our freedoms with regard to speech, equality, and other rights? You think that people just glanced down at the constitution and figured out what 'free speech' means in the information age? Of course not... the Supreme Court's cowardice in avoiding the 2nd amendment for a century is a big part of why we're just now dissecting this right in a modern context.

    At issue here is whether or not people from other jurisdictions have the right to weigh in on this issue for DC residents. You think we're the only place that gets federal funding? You think we're the only jurisdiction in this country with a national park? Please... federal funding doesn't give some random Representative the right to legislate local issues on your behalf. Let our elected officials make laws, and let the constitutionally designated processes for vetting their constitutionality work it out. It's worked for every other place in this country for 200 years. Why shouldn't it be our turn?

     

    Congress has been infiltrated by jaywalking liberalization operatives. First comes the guns. Then comes the jaywalking. That's exactly how it went down in Topeka before the Marion Barry zombies swooped in and ate all the brains. Most of them starved, mind you, but a band of determined zombies made the long, difficult march to Des Moines where they regained their strength.

     

    So is "crime ridden third world sh!t hole" the new "worse than Hitler?" Because for me, "DC" and "crime ridden third world sh!t hole" are inextricably linked, even more than "third rate wannabe capital like Zagreb or Eisengard."

     

    Although I would like Congress to stay out of the gun issue, there are times when Congress needs to step in and say NO YOU DON’T to DC.

    As an example, say Mayor Fenty was regularly smoking crystal meth and snorting heroin at the Mayflower with some bitches ‘n bastards. At the same time, he was running the city into financial ruin on almost every level. The city council was doing nothing to stop him, practically licking his balls on a daily basis. In this case I would want the Congress to step in, strip Fenty and the council of all power, and bring in a Financial Control Board. Wouldn’t you?

     

    hillvada,

    Just because a city has something that is federally funded does not mean that it should not have home rule. For example all large public transportation systems receive federal funds, with the exception of the DC area metro system.

    Does that that I should have say in what other cities do as they are using my tax dollars to maintain their systems, but I am not using their tax dollars to maintain the one I use?

     

    Considering that Justice Scalia, the author of the majority opinion, out right said in his opinion that more litigation is needed to flush out what a person's rights are under the Second Amendment ("[S]ince this case represents this Court’s first in-depth examination of the Second Amendment, one should not expect it to clarify the entire field."(Wikipedia's Heller Case entry)), more litigation is what is called for. The DC Council is working with what little was given to it to work with. If you don't like that, go "discharge" something on Scalia, he's to blame! You do have to love those activist judges when they don't think things out...

     

    As a native of Rep. Souder's Third Indiana district, I must apologize for this Bitter that has been representing people from places like Fort Wayne, Kendallville, and Bippus. When he first ran in 1994, Souder promised that he would serve no more than 3 terms. 14 years later, he is still hard at work.
    Don't get me wrong, the Third district has a lot going for it besides people who cling to Jeebus and their guns....Let's see...
    Shelly Long (Troop Beverly Hills was her crowning achievement, imo) is from Ft. Wayne
    Dave Thomas, (The Wendy's guys, R.I.P.) grew up in Ft. Wayne
    Philo T. Farnsworth, from Ft. Wayne
    There's also lots of corn and soybeans, of course--and some Amish too. Plz don't hate them for the clown they keep returning to Congress (I don't think the Amish vote, so its definitely not their fault).

     

    it really blows my mind how some people can find something negative about this city no matter what. when something positive happens vis-à-vis the federal/district relationship, they instantly find something else to nitpick and hate about this place.

    the gun fans are the worst. seriously. this isn't going to be figured out overnight. big mikedc put it best above when he said:

    do you think that there hasn't been years of litigation that define our freedoms with regard to speech, equality, and other rights? You think that people just glanced down at the constitution and figured out what 'free speech' means in the information age? Of course not... the Supreme Court's cowardice in avoiding the 2nd amendment for a century is a big part of why we're just now dissecting this right in a modern context.
    no matter what some backwoods, dipshit indiana congresscritter tries to do, shit like this doesn't go from massive constitutional quandry to kumbayah moment around the campfire in 60 seconds or less or your money back. it takes years to legislate and see the court process through when it comes to issues related to the bill of rights.

    chill out. you'll get your chance to shoot up all the people who scare you soon enough.

     

    Btw, to confirm what you are thinking--yes, I AM drunk before 11 am on a Thursday. Also, Philo T. Farnsworth invented the cathode ray tube, which made television possible. Props to P-Dog.

     

    "When DC takes over Rock Creek Park, then you can make some sort of claim to be an independent city/state. Until then..."

    A reminder: The streets continually clogged by MD and VA commuters, the services visitors use, the police/fire/EMS that protects you/them while you're all in the District; they're paid for by people like me, who actually live in the city. Does this have anymore merit than your ridiculous statement, no. Should DC residents have the right to allocate their own funds, write their own laws, and have the right to propper representation, yes.

     

    "Republicans love to point to DC as the ultimate failure of liberalism. Yeah, they like to point to the heathens in SF too, but most Americans still think DC is still crime ridden third world sh!t hole...little do they know that only applies to Metro now."

    Actually, DC is still a crime ridden third world shithole. Didn't you see the Post on Monday detailing how many people were shot and killed in the city this weekend?

    "The DC Council is taking a narrow view of its responsibilities because Heller was a narrow ruling. The Heller decision made no mention of the ban on semi-automatic weapons. The decision said that you can't ban handgun ownership and you have to have legal provisions for home defense. That's the guidance the Council is following because the vast majority of DC residents were supportive of the ban and remain supportive of strict controls."

    Except that the council apparently missed the parts of Heller telling you that weapons that are "in common use at the time" and not military-grade are perfectly legal (See DC's 'Machine gun' ban which covers semi-automatic guns which are in common use). They must have also skimmed the part saying that a ban on operative handguns is also unconstitutional.

    And just because DC residents support the ban doesn't mean that they're right. I would be if you polled a majority of the city that they'd immediately re-elect Marion Barry or support dropping a Daisy Cutter on Trinidad.

    As much as I would prefer DC to have home rule, the council and mayor are dead wrong on this issue and that the comparatively responsible adults in Congress should set them straight.

     

    hillvada, the intristic relationship between DC and Congressional oversight lies within the Home Rule Act of 1973. In exchange for our "federally funded park system," any law passed by the Council still needs approval from Congress. I can certainly bet you that any new gun law passed will be reviewed by Congress.

    So why is Souder putting the cart before the horse? Previous Congressional attempts at overturning our gun laws have fizzled because of the Home Rule Act. It's not hypocrisy to protest Congress from imposing itself on us. It's playing by the rules they've set.

    Oh, and 85% of Central Park's $27 million annual operating budget does not come from the NYC Government. It comes from the not-for-profit Central Park Conservancy. So much for being "New York City owned."

     

    dcist20009: would you advocate that congress set up a financial control board for a state, let's say michigan, since its economy is in the tank?

     

    "When DC takes over Rock Creek Park, then you can make some sort of claim to be an independent city/state. Until then..."

    What the hell does Rock Creek Park have to do with anything? So because the park service has control of a park in DC, DC should shut up about its sovereignty over everything else, including gun laws? So if, say, Wyoming has a park run by the park service it should give up its state government and state laws? Not making the connection.

     

    Rock Creek Park-owned by the taxpayers of New York, Chicago, Philadelphia, LA, and yes, the 3rd District of Indiana.

    Douché!

     

    hillvada:

    by your logic it seems that congress could overtake arizona (grand canyon national park, natch) and tell them that their laws are completely un-congress-approved.

    am i reading you wrong? i'm not getting the connection between national/local park maintenance and the constitutionality of local laws.

    as a reminder:

    DC maintains many other parks (marvin gaye, oxon run) that i'm pretty sure lots of people enjoy, yes, including transplants from the 3rd District of Indiana.

     

    [...]Justice Scalia, the author of the majority opinion, out right said in his opinion that more litigation is needed to flush out what a person's rights are under the Second Amendment[...] If you don't like that, go "discharge" something on Scalia, he's to blame! You do have to love those activist judges when they don't think things out...

    Right, just try to imagine spending 40+ years to build a conservative Supreme Court majority to explicitly do things like strike down 2nd Amendment restrictions, or eliminate the "Right to Privacy" that undergirds reproductive rights...only to have the Supreme Court that represents the high-water mark of conservative jurisprudence turn around and say, "Ah, not so much."

    I feel their pain.

     

    @dcist20009 and IMGOPH: would you advocate that congress set up a financial control board for a state, let's say michigan, since its economy is in the tank?

    No, but Michigan would set up a financial control board for a city. I unfortunately come from a city that had that happen. And there is the problem, DC is a City and potentially a state. I say congress shouldn't mess with state affairs because state are usually large and have far more population and levels of government. With a city it is easy to be buddy buddy with each other and not have as much accountability. So I can see where you both are coming from but I do lean toward congress having some sort of emergency control if things are totally out of control just as a state government would take control of a city.

     

    @Boomhauer: "As much as I would prefer DC to have home rule, the council and mayor are dead wrong on this issue and that the comparatively responsible adults in Congress should set them straight."

    Good idea. Maybe when they're done with that, they can tackle problems in other places. As much as I would prefer Massachusetts to have home rule, their legislature and local school boards are dead wrong on the whole evolution issue. It's time for the comparatively responsible adults in Congress to set them straight and get Intelligent Design into the public school curriculum.

    When they're done with that, they can get Illinois to re-institute the death penalty.

    And it's definitely time for a Financial Control Board to take over the finances of Orange County, CA.

     

    IMGoph: Unfortunately for Michigan, I don’t think Congress has the authority to do that. If Michigan’s problems were caused by the gross mismanagement and incompetence of the Governor and State Legislature like DC’s problems were during the Barry years, they would be on their own.

    Luckily though for DC, that was not the case, Congress was able to save us from our government.

    As someone who moved to DC from the Detroit suburbs in after working at both Chrysler and GM, I think most of Michigan’s problems are due to the Big 3 making cars that were of dubious quality compared to cars that were imported from Japan in the 1970’s and 1980’s. I might be wrong of course.

     

    tmoney and dcist20009: i bring up michigan because i'm from there as well. i assume that you're talking about flint being put into receivership by the state.

    i brought up the whole thing because people seem to want to try to call the district a state when things are good, and a city when things are bad, or some combination that suits their purposes. i say you can't have your cake and eat it too. it's either fundamentally one or the other. so which one is it?

     

    @DCist2009 I think most of Michigan’s problems are due to the Big 3 making cars that were of dubious quality compared ...

    Not to get too off topic but I would say it was more Michigan never even trying to broaden their economy outside of auto manufacturing and support. While the auto makers missteps inderectly hurt MI, MI's failure to diversify directly hurt itself.

     

    The City Council has made it clear that it was going to move as absolutely slowly as possible in implementing the Supreme Court ruling. And, in ignoring the part of the opinion saying mandatory gun locks were unconstitutional, the DC government is willfully ignoring the plain language of the ruling (regardless of the cutesy, but irrelevant, "self defense" exception). The city gov't, as has been made clear by Nickels and Cheh, is basically going to do as little as possible, until ordered to do so by the courts. They are happy to have this drag on for another 30 years.

    The kicker is that b/c of DC's unique status as a federal entity, such a strategy of perpetual delay can be overcome by a congressional vote. The simple fact remains that the mayor, city council and DC gov't exist b/c Congress wanted them to exist. If Congress were to decide to revoke the Home Rule Act, DC residents would have no say in the matter. And it would be perfectly constitutional for Congress to do so since DC is a constitutionally-created federal enclave with exclusive jurisdiction by Congress.

    Now, we could go through a whole discussion of the Founders' intent of DC and how it was affected by them getting bumrushed back in Philly, and how it was a way to avoid being indebted to a state for basic services, etc. But that wouldn't do anything to affect the simple bottom line, which is that DC is a federal entity and that Congress can intervene whenever it desires, so long as its legislative mandates are constitutional.

    Were the Council to enact legislation that was as hostile to the First, or Fifth, or Fourth Amendments as the current regulations are to the Second Amendment, there's little doubt the hoi polloi would be asking for Congressional intervention to correct such a blatantly unconstitutional stance by the local DC officials. But b/c the Second Amendment is involved - an amendment that in the view of Tommy Wells is an antiquated and useless collection of words - somehow the debate is shifted away from a concern about blatant constitutional violations, and into one on home rule. I think that's a neat debating trick, but it's intellectually dishonest.

     

    To deliberately get further off topic, some would posit that the failure of management and the auto unions to negotiate a benefits/healthcare package that would keep them competitive with overseas rivals would account for MI's current economic state. One could make a similar correlation between DC's decades-long struggle with the teachers' union and its inability to address either the attrition problem or education reform.

    S**t. I didn't mean to bring that back on topic. Sorry.

     

    Cranky,

    I've been consistent on this one - I don't want congressional intervention for anything. The D.C. Council could mandate that we all wear green hats and that bloggers be arrested on sight, and I would still advocate that such a decision be overturned the way it should be - via elections and court decisions. Period. Congressional intervention in local affairs violates the spirit of Home Rule, subjects us to the whims of unaccountable politicians and forces me to write angry posts about it. And I don't like being angry.

     

    Correction - I'll only take congressional intervention if it's them passing legislation saying that our business is our business and that we should have full voting representation. But that's not intervention as much as common sense.