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Dangerous Ruling [BARF ALERT]
Washington Post ^ | March 10, 2007 | Washington Post

Posted on 03/10/2007 5:07:50 AM PST by libstripper

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To: Gay State Conservative
I wonder if there are any "Carl Rowans" among the members of the Compost's Editorial Board.

Curious: Maybe Carl Rowan will write an editorial about this. He didn't get any jail time, did he? :-\

21 posted on 03/10/2007 5:44:12 AM PST by Eclectica (Ask your MD about Evolution. Please!)
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To: libstripper
"Can the District appeal this decision on its own, or must it get approval for an appeal from the US DOJ?" Since the US DOJ is on record as holding that the 2d Amendment guarantees an individual right, it might not be possible for the District government, which is an entity of the US Government, to appeal without approval by the US DOJ, which might be unwilling to give such approval.

Intersting question and I don't know the answer. Note the following, however: The first 15 pages or so of the Court's decision deal with the issue of "standing," that is, whether the plaintiffs have suffered sufficient harm distinct from the public at large to challenge the Washington D.C. gun laws in Federal Court. The rules on standing have historically been a moving target in that the SCOTUS has relaxed the rules when they want to hear a case on the merits and have tightened the rules when they don't want to address a case on the merits. Given the Supreme Court's long history of side-stepping the Second Amenedment, there is a very good chance that it will take the case, only to reverse on the issue of standing so that it can once again avoid the merits of the dispute. (The SCOTUS has decided very few 2nd Amendment cases over the years, and of those cases, it has avoided the two issues crucial to the 2nd Amendment debate: Whether the 2nd Amendment is a collective or individual right and whether the 2nd Amendment applies to the states as a result of the 14th Amendment.)

There is also the possibility that no one will take an appeal because if the Supreme Court affirms the decision of the Circuit Court of Appeals, then the gun laws in many states and localities are one step closer to doom, and thus, the gun grabbers would rather limit the decision to the D.C. Circuit rather than risk a Supreme Court decision that is binding in all jurisdictions. On the other hand, 2nd Amendment advocates may not want the case to go to the SCOTUS either, because if the Supreme Court reverses the Circuit Court of Appeals on the merits, and rules in favor of a collective rights theory, then the gun grabbers could outlaw the private ownership of firearms.

22 posted on 03/10/2007 5:46:59 AM PST by Labyrinthos
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To: JohnLongIsland

I agree with you. Some shyster will lose money if an armed citizen kills his client. The criminal will never need the lawyer again.


23 posted on 03/10/2007 5:47:06 AM PST by seemoAR (Absolute power corrupts absolutely)
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To: cbkaty

Don't be so sure the SC would sustain this decision. After all, it didn't declare MF unconstitutional.


24 posted on 03/10/2007 5:48:09 AM PST by libstripper
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To: libstripper
"An armed society is a polite society."
Robert Heinlein
25 posted on 03/10/2007 5:50:41 AM PST by 6SJ7
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To: Eclectica
Curious: Maybe Carl Rowan will write an editorial about this. He didn't get any jail time, did he? :-\

My understating is that he didn't.His trial ended in a hung jury and he wasn't re-tried.

I doubt that we'll be hearing much from Mr Rowan about this in the future,however.He died a few years back.

26 posted on 03/10/2007 5:53:03 AM PST by Gay State Conservative ("The meaning of peace is the absence of opposition to socialism."-Karl Marx)
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To: libstripper
Rudy Julie-Annie was unavailable for comment.

According to aides, upon hearing of the ruling he had an apoplectic fit and fell to the floor unconscious. To prevent further fits he in now being kept in a medically induced coma.


27 posted on 03/10/2007 6:01:03 AM PST by Condor51 (Rudy makes John Kerry look like a Right Wing 'Gun Nut' Extremist)
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To: apillar
Moreover, if the legal principles used in the decision are applied nationally, every gun control law on the books would be imperiled.

Not so fast. Go to a Blacks Law Dictionary or a Bouviers Law Dictionary and look up the definition of the United States. You will find there are THREE United States. This is why certain laws and rights, particularly Constitutional rights are seemingly applied at the Government's whim. What happended in DC will not be applied to the US at large.

There is the United States, the organic states of the Union. There is the United States as a Nation State among the nations. And there is the United States of DC and all it owns. Which one are you subject to?

28 posted on 03/10/2007 6:01:38 AM PST by suijuris
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To: libstripper
a new and dangerous meaning to the Second Amendment

I don't laugh out loud at the WaPo too often, but this did it for me. New and dangerous, my Aunt Fanny!

What a bunch of nanny-state, candy-butt wimps!

29 posted on 03/10/2007 6:04:20 AM PST by Mad Dawg ("Now we are all Massoud.")
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To: MarkL
"....freedom of the press" only applies to "real" newspapers, "news" radio, and TV "news", and as such, they're immune from things like McCain/Feingold CFR and FEC regulations, whereas bloggers, conservative discussion sites, and even individual concerned citizens, are not.
 
 
The WaPo is currently studying this approach...libs to lobby for US enactment.
Only "professional" journalists will be able to videotape and broadcast

30 posted on 03/10/2007 6:08:39 AM PST by Wolverine (A Concerned Citizen)
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To: libstripper

That was before Roberts and Alito made it to the bench. If Stephens or Ginsburg goes out before Dubya leaves office, the gun grabbers are definitely doomed(as well as Roe v. Wade).

I've been disappointed with the out of control spending, and his stance on the border, but he's made some pretty good judicial nominations.


31 posted on 03/10/2007 6:08:44 AM PST by ABG(anybody but Gore) ("We're Living In A Twilight World..."- Swingout Sister)
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To: apillar
If the police actually obey the mayors order and arrest them, it's extremely likely that the mayor would be facing contempt of court charges and the individual arrested would probably also receive a healthy civil judgment as well.

Bigger than that. The appeals court has declared that the Second Amendment is a right of individuals in DC. As such US Code Title 18, Section 241. "Conspiracy against rights" applies:

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

As I read this, if masked, Ninja-clad agents bust down the door of a citizen of the US in DC, and point a weapon at a citizen as a result of his exercising his 2nd Amendment right, they are themselves subject to fine, imprisonment, or execution
32 posted on 03/10/2007 6:09:23 AM PST by SauronOfMordor (Never try to teach a pig to sing -- it wastes your time and it annoys the pig)
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To: Labyrinthos
There is also the possibility that no one will take an appeal because if the Supreme Court affirms the decision of the Circuit Court of Appeals, then the gun laws in many states and localities are one step closer to doom, and thus, the gun grabbers would rather limit the decision to the D.C. Circuit rather than risk a Supreme Court decision that is binding in all jurisdictions. On the other hand, 2nd Amendment advocates may not want the case to go to the SCOTUS either, because if the Supreme Court reverses the Circuit Court of Appeals on the merits, and rules in favor of a collective rights theory, then the gun grabbers could outlaw the private ownership of firearms.

So true. As an NRA Endowing Member the possibility of a SCOTUS appeal worries me. Since they declared the blatantly unconstitutional MF (double meaning intended) law constitutional, it wouldn't surprise me at all if they granted certiorari in this case and reversed the DC Court of Appeals on a disastrous "collective right" theory.

33 posted on 03/10/2007 6:11:33 AM PST by libstripper
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To: libstripper
Link to the full text (in pdf) of the both the majority and dissent opinions:

http://pacer.cadc.uscourts.gov/docs/common/opinions/200703/04-7041a.pdf.

Liberalism is really a mental disorder. Notice the absurd lengths that those who despise the 2A go in their attempt to give the Court every possible reason that it is not an individual right, including denying that the 2A applies in the District of Columbia.

At first reading, the Court's opinion seems to full address all the reasons that the Second Amendment is indeed an individual right.
34 posted on 03/10/2007 6:12:04 AM PST by theBuckwheat
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To: libstripper
Moreover, if the legal principles used in the decision are applied nationally, every gun control law on the books would be imperiled.

It is a very dangerous ruling for those who would take our guns, but it is a ruling to celebrate by normal Americans.

35 posted on 03/10/2007 6:13:33 AM PST by snowsislander
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To: libstripper
a federal appeals court turned its back on nearly 70 years of Supreme Court precedent to give a new and dangerous meaning to the Second Amendment

Yep, freedom is highly overrated. That pesky Bill of Rights is always getting in the way of Progress.

36 posted on 03/10/2007 6:18:41 AM PST by Zeppo (We live in the Age of Stupidity. [Dennis Prager])
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To: libstripper
Would someone tell me if there is a downside to this story?? (:^D)
37 posted on 03/10/2007 6:34:04 AM PST by bikerMD (Beware, the light at the end of the tunnel may be a muzzle flash.)
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To: muawiyah; All

>>The Washington Post has armed guards at its worksites.

Does anyone have any pictures or other documentation of this?

I love rubbing Lib's noses in the hypocrisy of their leaders and house organs.


38 posted on 03/10/2007 6:35:05 AM PST by FreedomPoster (Guns themselves are fairly robust; their chief enemies are rust and politicians) (NRA)
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To: Gay State Conservative
About what I expected from wikipedia. Fawning.

I think the kids were inspired by "The Swimmer" (the movie, not Ted Kennedy), and it was just a teen fad in that area, however annoying it might be to homeowners in red state America, it obviously was a crime against humanity in the blue part.

39 posted on 03/10/2007 6:36:55 AM PST by Calvin Locke
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To: libstripper
If allowed to stand, this radical ruling will inevitably mean more people killed and wounded as keeping guns out of the city becomes harder.

Calling John Lott...

40 posted on 03/10/2007 7:14:41 AM PST by Loyal Buckeye
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