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August 18, 2008

Heller's Got a Gun

2008_0818_dickheller.jpg Dick Heller, the man who sued to overturn D.C.'s handgun ban, arrives by bicycle to pick up his gun registration today. (AP Photo/Gerald Herbert)

The Post caught Dick Heller, original plaintiff in the U.S. Supreme Court court case that eventually made it legal for D.C. residents to own handguns for personal security, picking up his handgun registration certificate this morning.

Heller, a security guard, may now legally keep the gun he registered in his home, though it has to be locked up and unloaded under the current law. He also recently filed another lawsuit arguing that the District’s registration process is unduly “onerous,” and that the rules regarding when a gun can be legally loaded and prohibiting the ownership of semiautomatic weapons do not comply with the Supreme Court ruling.

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Comments (53) [rss]

Wants to exercise his second amendment rights....but rides a bike. I guess now DCist readers will be utterly confused as to whether or not they should hate or love Dick Heller.

 

Or maybe we can get that NYPD officer down here to push Dick into a manhole -- or storm drain. http://www.youtube.com/watch?v=3YnM8-gwy28

 

If I had to ride a bike to get to work, I'd want to pack heat, too. You need to protect yourself from Corvette-driving pundits!

 

I now don't know if I should be worried about this man having a gun. On the one hand, a guy dressed like that, on a 50s era bike, is a text book case of "suspicious activity" and screams "protect my children from crazy neighbor with a gun." On the other hand, how can I be scared of a man who looks like this?!?! Get this man a gun, just so I can take him seriously!

 

Is it easier to fire a gun while riding a bike or while driving a car? What would it look like in a Tarantino movie?

 

So wait a minute, this is not the same Dick Heller who is a columnist for the Washington Times?

 

Dick Heller rides a womens bicycle? I'm just going to assume it's stolen.

 

Thank you Mr. Heller for all you have done for us who wish to legally own a weapon. However, please go slow -- the Supreme Court does not like complicated cases; I suggest you amend your current court case to reflect only one (1) issue. If you win that, then go to court again for the next issue, then the next, etc. Thanks again!!!!

 

Well, this guy has "Grade A Lunatic" written all over him. I dont know what they were thinking giving this guy a gun. Clearly he's a bloodthirstymaniac of the First Water. And no helmet? Whatever, nutsy.

I dont know about you, but if I had a gun, I wouldnt be riding a bike. SOMEONE ELSE would be riding it for me with MY gun in the back of his head.

 

How much you wanna bet he snaps next summer following another lengthy appeal and shoots someone after hearing one too many snotty "you forgot to untuck your pants from your socks" jibes.
I know my grandpa sure hates that, but luckily he's missing his trigger finger.

 

Mr. Heller rides a bike in DC traffic without a helmet. His current case may be moot.

 

Well, if he managed to get a license, the registration process can't be all that onerous, so let's throw that suit out right now.

I think he has that bike in case he suddenly has to take a trip to 1974.

 

SpeakSoftly, I'm much more worried about the "peace officers" that carry guns in this city. Many of them aren't exactly high-IQ, grade-A individuals.

dank, you know that muzzle you have to wear when you go out in public and want to talk? Not really all that onerous...I mean you can still sort of mumble.

I say any requirement that applies to the 2nd Amendment should apply to the 1st as well.

 

Speaking of out-of-date and archaic Amendments, when is Fenty going to start quartering troops in Trinidad homes without the owner's consent?

 


I say any requirement that applies to the 2nd Amendment should apply to the 1st as well.

Out of curiosity, is there any expression of the 2nd Amendment you don't uncritically support? Should convicted felons be allowed to own guns? Tanks and warplanes? Stockpiles of nerve gas? While they're still in prison? Should a nine-year-old who's been involuntarily committed to a home for the criminally insane be allowed to keep and bear nuclear arms?

Because, all these people still have 1st Amendment rights, and there's absolutely no reason why there should be any restrictions on the 2nd Amendment if there's no analogous 1st Amendment restriction, right? Or do you want convicted felons to lose the right to speak, write, or join a religion instead?

 

I wouldn't so far as to say ANY restriction should apply to both, as they are different rights, but I agree with the fundamental concept.

cminus: RE: felons, that's a tough one. If they paid their debt to society and are allowed freedom of speech, voting rights, etc, can you still take away a constitutional right? If you can with others rights AFTER they've served time, then yeah, gun rights should go first. I'd probably be most comfortable saying ok for non-violent offenders, but some dude who drove a car full of pot down from Canada 20 yrs ago shouldn't be barred from a constitutional right for the rest of his life. What if guy/family live in the woods and there is dangerous wildlife around? Not everyone is in a city and may have different uses for guns.

As for the tanks/warplanes/sarin gas, I'm pretty sure that "arms" = firearms, not functional military vehicles armed with "ordinance". I don't think anyone is saying US citizens have an enumerated "right" to own those things.

@Dank, Heller had it easy as he already had a gun out of state. If he wanted to buy one, (which is impossible now as no one is able to transfer in DC currently) it would cost $215 in fees and FIVE trips to the Metro Police department for EACH gun.

 


As for the tanks/warplanes/sarin gas, I'm pretty sure that "arms" = firearms, not functional military vehicles armed with "ordinance". I don't think anyone is saying US citizens have an enumerated "right" to own those things.

If you're going to define "arms" to exclude certain classes of weapons, where do you draw the line? Could DC say that they allow citizens to keep and bear arms because pepper spray is legal? Kitchen knives? Rocks? Amy Winehouse CDs? Is there any clear constitutional reason why firearms are "arms" but nuclear, biological, or chemical arms aren't? After all, we don't say that quietly talking to the guy in the next cubicle is protected by the 1st Amendment, but that giving a speech on network TV isn't.

 

No way in hell I'm wasting FIVE trips to the police department and $215 just to register my basement nuke, my sarin dispenser aerosols, and my flaming sewage "diarrhea thrower." I managed to buy the last kosher model made from a tiny factory outside Tel Aviv and steampunked it with a Tesla coil and brass pressure valves. Since it's classified as an antique, it's exempt from registration anyway.

 

After all, we don't say that quietly talking to the guy in the next cubicle is protected by the 1st Amendment, but that giving a speech on network TV isn't.

And that's what the courts are for, determining what is protected and what is excluded. Seems reasonable enough even though everything you've written here seems to be overly dramatic and out of touch with reality.

The line is drawn by the courts and pretty much every state already has pretty reasonable rules in place except DC. DC is trying to push the envelope as far as they can and making it so difficult to get a gun that no one will be able to until the courts decides on each case over and over. They're bogging down the courts system and wasting taxpayer cash, which is nothing new for the district so why should this be any different.

 

gun. girl bike. all sexy.

 

We're starting a pool: How long before Heller blows his own foot off? Minimum entry fee is $20. Guesses must be within 24 hours of the event.

 

I'll lay even odds between a murder/suicide love pact and a crosscountry killing spree.

 

Take another long look at the picture again, and consider...
Dick Cheney's gay soulmate.
I'm just throwing it out there, but you see it. I know you do.

 

Why do I suddenly hear Julie Brown in my head...

Everybody run!
The homecoming queen has got a gun!

 

cminus: I'll agree with sherm that the courts would typically decide what are protected arms and what are not. However, if you look at it in context of the founding era when it was passed, arms were pistols and rifles that people normally kept at their house. Do you think the founders intended "arms" to be destructive devices not yet invented?

Before you say that today's firearms are different from those of the 1700's, they are cosmetically, but the idea behind "an explosion drives a projectile down a barrel where it hits a target at great speed" is the same. This means that unfortunately, laser tag may not be constitutionally protected.

 

Sherm:
And that's what the courts are for, determining what is protected and what is excluded. Seems reasonable enough even though everything you've written here seems to be overly dramatic and out of touch with reality.

Oh, I agree 100% that my examples were out of touch with reality, and even that DC's previous policy went too far. I raised those examples to point out the illogic of HCE's long-standing jihad against any limitations on the 2nd Amendment that we wouldn't accept on the 1st. There are perfectly legitimate restrictions on the 2nd Amendment that would be unacceptable if applied to other amendments. (And not just the 1st Amendment -- can you imagine if prison inmates lost their 8th Amendment rights?)

That said...

Timmeroo:

Do you think the founders intended "arms" to be destructive devices not yet invented?

Do you think they intended "the press" to include communications devices not yet invented?

As it happens, I do think that's what they meant, and I don't think they'd have wanted "arms" to include weapons of mass destruction, or even tanks and heavy artillery, which is why I disagree with HCE's blanket objection to any restriction on the 2nd Amendment that we wouldn't accept on the 1st Amendment. I'm just curious as to how HCE feels about this issue.


This means that unfortunately, laser tag may not be constitutionally protected.

Actually, it is, just not in the Bill of Rights. Article IV, Section 3, Clause 2:

The Congress shall have power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State; nor shall anything in this Constitution be construed as to limit or abolish the right of the People to run around pretending to shoot each other with any useful devices that may be invented in the future that project beams of light in a manner not suitable for use as a weapon, because, dude, that'd be freakin' awesome.

 

There are restrictions on the 1st Amendment. All sorts of them. Fire in a crowded theater, libel, etc.

However, most of them address after-the-fact irresponsible behavior. Do you have to get a license for your mouth (or your website for that matter)? Do you have to go down the police station and register? Do you have to wear a muzzle when you go out in public?

I'm really against pre-crime restrictions. Law-abiding, responsible adults tend to act like law-abiding responsible adults. Let them live their lives.

I realize that tends to offend all the control freaks out there, but too bad.

 


I'm really against pre-crime restrictions. Law-abiding, responsible adults tend to act like law-abiding responsible adults. Let them live their lives.

So convicted felons shouldn't be allowed to own military ordinance and weapons of mass destruction, but law-abiding private citizens should?

 

"However, most of them.."

But not all. Funny how you left those out, like parade/demonstration permits which frequently require getting bonds and insurance, etc.

 

Politburo, parades and demonstrations involve more than one person. The restriciton there is on the group. I don't know of any cases where a single individual has to apply for a permit.

cminus, see timmeroo's points above about "arms".

 

So restrictions are okay as long as they only affect groups?

 

I think HCE may be a Ted Nugent sock puppet, but he does raise a good point about pre-crime restrictions. But it makes me curious as to what his views may be on things like dog & cat licenses.

 

RE: assembly restrictions, the reason you have to get a permit to march down Main Street is that you're blocking your fellow citizens ability to use the street for traveling. You don't need a permit to wave signs at the White House or stage a rally at your house.

I do have an issue with gun laws that treat people as criminals to begin with. Please, go after the people who misuse speech (threats, etc), cars, alcohol and guns, but let the responsible people use their rights.

Though, I do draw the line at owning a laser cat without a license.

 

Ted Nugent Sock Puppet... Hillrat, that's going to be the name of my new band! And you can stuff your pants with it down one's legal breifs.

timmeroo, take away my laser cat?! Pry it from my cold dead hands.

We've had these conversations before. I know it's DC but serously, what's with the constitutional law boner everytime 2nd amendment comes up?

Any, there won't be any firing from the bicycle, funny as that'd look as the law was just in-home related.

 

hillrat, I'm a libertarian so I don't think people should be required by law to register their mouth, cat, dog, gun, or vagina.

I consider the first and second amendments to be the most important fundamental rights that people have. There should be very few restrictions on either of them.

 


cminus, see timmeroo's points above about "arms".

So, you do believe there should be restrictions on the 2nd Amendment that we shouldn't apply to the 1st? Because that seems to be Timmeroo's position -- the Framers didn't foresee certain types of weapons, which shouldn't be covered by the 2nd Amendment, but they didn't foresee certain forms of speech and the press, which should be covered by the 1st Amendment.

I don't mean to express that in a mocking fashion, since that is, in fact, my position as well. I'm just surprised to hear you say it, because it kind of contradicts all your insane analogies between gun registration and forcibly gagging people.

 

HCE, what if there were a mouth-catdog vagina gun?

 

This is a lame discussion. The court has ruled that a reasonable "line" to be drawn is weapons that are "unusual' or not in common use with no military value. Even though grenade launchers are used by the military, they do not serve a purpose, or are not in common use by the public. Remember, the idea was that people grabbed the smooth bore or rifle they used for self defense, hunting, etc. an joined the militia when called. This is why the DC ban on semis will go down. It is a weapon with military value and in common use by the population.

 

cminus, to be sure, my position is that the 2nd covers firearms and nothing else(tanks, ICBMs, etc). I think that's the common legal interpretation as well.

The 2nd protects a class of items, whereas the 1st protects actions, so I think that new firearms (yes, even scary black semi-auto "assault weapons") would be just as covered as new forms of speech.

Disco Stu, I'd probably require at least a doctor's note for a MCD Vajayjay blaster. Regarding the 2nd bone