In one week
DC will decide if it wants to appeal Parker v. DC. At first, there was speculation that they would not because of the likelihood of failure and that failure resulting in massive future challenges of other gun laws. If they do not appeal, though, then DC will have to comply and allow its residents to purchase and keep in their homes functional handguns. Both prospects are a failure for the gun control movement.
The third possibility is that they appeal and win. However, the chance of that is fairly remote. It’s not remote due to strong second amendment support in the court, it’s remote because DC’s gun laws are so ridiculous that they can’t stand much of a challenge. You can’t have handguns. If you have a rifle or shotgun, it must be locked up, unloaded, tied to a rock, and thrown in a river. Ok, I made the last two up but the effect is the same. Also, in DC, if a weapon can hold more than 12 rounds, it is a machine gun. So, your lever action, tube fed Winchester is a machine gun.
I can’t help ponder the irony of that.
If they don’t appeal, Sebastian wants to know what options residents really have for getting guns. I said before that:
What say a bunch of us gun bloggers and readers pool our money and open a gun shop in Washington, DC?
But I’m guessing their city council won’t let someone open a shop.
July 12th, 2007 at 9:12 am
I’m pretty sure that it’s anything that can fire a) automatically, or b) more than 12 shots semi-automatically without reloading is a machine gun. So your winchester isn’t a machine gun. However, they probably won’t let you register it, since it holds more than 10 rounds… a guy I know had one heck of a time registering a MAS-36 because it has a detachable magazine. It’s a bolt-action, but the fact that a >10 round magazine might exist was almost enough to deny the registration (despite no law prohibiting it). Interestingly, he’s since managed to register an M1 Garand. (There can’t be too many privately owned Garands in DC)
July 12th, 2007 at 10:09 am
One interesting thing about DC is that it will provide great court cases for years to come if we prevail in Parker. They will most definitely try to shut down gun sales in the city through other means. It’ll be a never ending battle with them.
July 12th, 2007 at 10:58 am
And therein lies the rub. No matter what happens with this the District can still enact legislation that makes it so difficult to legally possess a firearm that many won’t even bother. And I believe that is exactly what Adrian Fenty is planning for. Just because the Parker decision stands doesn’t mean that there will be a revolver under every pillow. ‘Tis a step in the right direction tho’.
July 12th, 2007 at 11:24 am
I definitely agree with Sebastian! An upheld ‘Parker’ combined with a correct reading of ‘Miller’ would be a fine challenge to magazine capacity limits. (just to start)
July 12th, 2007 at 12:25 pm
I did see a thread post on THR where someone stated that the ATF FFL database shows four FFLs in DC.
If DC tries to play games with zoning laws or some such so that you can only operate a gunstore in one tiny, extremely circuscribed location, or no location at all, there may be precedent to drag their happy butts back into court again. Amusingly enough, it comes from the 9th Circuit (or maybe just the local district court, I’m not totally sure) and involves the city of Seattle and strip clubs.
July 12th, 2007 at 1:14 pm
I think they have to appeal or the judge who granted the stay order will charge them with contempt. Didn’t he say not taking it to SCOTUS would be an outrageous abuse of the system, or something like that?
July 12th, 2007 at 3:44 pm
We should just give a couple of guns to some worthy DC residents, decided by an essay contest or raffle or something…
July 14th, 2007 at 11:21 pm
I think Vinnie’s right. To not appeal would be a big thumb in the eye of the Appeals Court. Given that they ruling still allows “reasonable” regulations, look for D.C. to carry that to extremes. Registering a gun there is already purposely a big pain.