Parker/Heller update
Seems DC is a bit spooked and is asking the SCOTUS for only a limited ruling:
The District of Columbia government on Tuesday urged the Supreme Court to address only a single issue, if it agrees to hear the city’s appeal seeking to reinstate its flat ban on private possession of handguns. In a reply brief, found here, city officials contended that the only issue the Court need decide is the meaning of the Second Amendment as it applies directly to the city’s specific ban on pistols. This would involve an inquiry aimed at what the Amendment’s words mean, “construed in light of their history, purpose, and place in this Nation’s tradition.”
Seems they’re a bit scared because their other gun laws being challenged (i.e., a shotgun/rifle must be disassembled thereby rendering it useless if you need it) would easily be defeated.
Meanwhile, The Brady Campaign to Prevent Gun Ownership bleats about how everyone is wrong but them. Recall, The Brady Campaign to Prevent Gun Ownership tried to talk DC out of pressing the appeal likely because they knew they’d lose.
October 26th, 2007 at 9:02 am
Hmmm, there’s one prediction coming true…
October 26th, 2007 at 10:27 am
Thing is, the way DC has phrased the appeal really does look like they’ve given up on retaining the “functional firearm ban” – yet keep talking like it’s in effect. They haven’t asked SCOTUS, directly or indirectly, to retain that ban. …but since the lower court overturned that law, it’s not in place unless SCOTUS specifically reverses that decision.
DC’s lawyers are not fools. My only guess is they are playing vague at this point so they can pull a fast one during oral arguments. What that plan specifically is I cannot guess.
October 26th, 2007 at 10:56 am
From the pdf (emphasis mine):
Man, I am so fucking sick of this robe sniffing.
Well, when seconds count. your self-defense firearm, thanks to the DC guvmint, is less than a minute away.
Here’s the actual law:
I don’t see any exceptions for use during an emergency, but hey, next time Mayor Adrian Fenty or D.C. Police Chief Cathy Lanier declare a “crime emergency”, those poor oppressed souls will know that they can reassemble and load their firearms.
What I want to know is what are the “lawful recreational purposes within the District of Columbia”? When does deer season open in Rock Creek? Pigeon hunting in Lafayette Park?
October 26th, 2007 at 1:20 pm
“…but hey, next time Mayor Adrian Fenty or D.C. Police Chief Cathy Lanier declare a “crime emergency”, those poor oppressed souls will know that they can reassemble and load their firearms.”
I think they’ll just confiscate them ala Katrina.
October 26th, 2007 at 2:01 pm
Go see what Robb Allen dug up about DC gun laws:
http://blog.robballen.com/archive/2007/10/25/Who-needs-rights-anyway.aspx
Also, check out the comments and amicus briefs at this site:
http://prawfsblawg.blogs.com/prawfsblawg/2007/10/what-happened-1.html#more
October 26th, 2007 at 5:53 pm
Thanks for the links PN NJ. The bottom one helped me to
understand a few things I was foggy on.
October 27th, 2007 at 10:57 am
You should check out the comments on those SCOTUS Blog threads about this case. Its nice to see the number of commenters – helps get those establishment lawyer types to understand why this case is going to be the most high profile case of the term, which I don’t think they quite realize.
However, people should remember that we are dealing with big city establishment lawyers there – some of the comments are way into ‘scaring whitey’ territory, which win or lose does not help the cause.
October 27th, 2007 at 11:51 pm
I know why they are asking the SCOTUS for a ‘focused’ decision- because they are getting phone calls from the Mayors of New York, Chicago, and all over CA begging them to do so- they realize that if the decision goes against them, and the decision is not focused and specific, that will open the door for gun laws all over the country to get struck down. That, and I’ve heard from little birdies that the attorneys involved are already cruising for clients in Daleyland….