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Government files amicus -- on DC's side!
Of Arms & The Law ^ | 11 January 2008 | David Hardy

Posted on 01/12/2008 2:05:02 AM PST by Tahts-a-dats-ago

Quick read: Gov't says, yes, it's an individual right. BUT we join with DC in asking Court to reverse the DC Circuit, because it applied strict scrutiny to the DC law. It should only have applied an intermediate standard. That is, the legal position of the US is that DC CIrcuit was wrong, a complete ban on handguns is NOT per se unconstitutional, it all depends on how good a reason DC can prove for it. Some quotes:

(Excerpt) Read more at armsandthelaw.com ...


TOPICS: Constitution/Conservatism; Editorial; Government; News/Current Events; US: District of Columbia
KEYWORDS: bang; banglist; dc; firearms; guncontrol; guns; parker
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PDF here.
1 posted on 01/12/2008 2:05:03 AM PST by Tahts-a-dats-ago
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To: Tahts-a-dats-ago

>>
“...the text and history of the Second Amendment point to a more flexible standard of review...”
>>

Career lawyers at Justice have to cavil over verbage to protect machine gun bans and other military-grade type weapons.

Wouldn’t want any of those Islamo-Fascists getting a hold of serious hardware, now would we! /sarc


2 posted on 01/12/2008 2:15:36 AM PST by SatinDoll (Fredhead and proud of it!)
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To: Tahts-a-dats-ago
From a quick look at this, it does appear that our Justice Department is indeed arguing in favor of gun control.

The good news is it does acknowledge that the Second Amendment is an individual right; the bad news is that it appears to go wholesale against the plain language of "shall not be infringed."

3 posted on 01/12/2008 2:27:50 AM PST by snowsislander
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To: snowsislander

So in the same breath the gummint acknowledges the right then concludes it can take that right away. Curious.


4 posted on 01/12/2008 3:20:17 AM PST by wastoute
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To: snowsislander

“From a quick look at this, it does appear that our Justice Department is indeed arguing in favor of gun control.”

DOJ is full of Klintonoid scum. No surprises there.

The last DOJ pettifogger I spoke with was bragging about attending a Sharpton rally.


5 posted on 01/12/2008 3:44:47 AM PST by dsc
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To: Tahts-a-dats-ago
" ... the legal position of the US is that DC CIrcuit was wrong, a complete ban on handguns is NOT per se unconstitutional, it all depends on how good a reason DC can prove for it."


Let me guess ...

half of the population is under the influence of drugs, and the other half is under the influence of crooked and deviate politicians?


Lock & load

6 posted on 01/12/2008 3:55:32 AM PST by G.Mason (And what is intelligence if not the craft of out-thinking our adversaries?)
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To: SatinDoll

The 2nd Amendment is about power. Armed weapon power. In the hands of the citizens. Not for hunting, or home invasion, but to attack and overthow, by violence, the government, if it should come to that.

Citizens logically need the weapons that can do that. Militia/military weapons.


7 posted on 01/12/2008 3:59:49 AM PST by Leisler
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To: Tahts-a-dats-ago
Instapundit.com's take

"WHY VOTE REPUBLICAN? Bush DOJ betrays gun rights. "There was a saying during my years in DC that the GOP operated on two principles: screw your friends and appease your enemies. Yup." Is this too harsh? Possibly, but Dave Hardy would know, wouldn't he?"

8 posted on 01/12/2008 4:02:34 AM PST by Leisler
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To: Leisler

Agreed.


9 posted on 01/12/2008 4:10:13 AM PST by SatinDoll (Fredhead and proud of it!)
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To: Tahts-a-dats-ago
There was a saying during my years in DC that the GOP operated on two principles: screw your friends and appease your enemies. Yup.
10 posted on 01/12/2008 4:21:58 AM PST by LTCJ
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To: G.Mason

Well alrighty then. Perhaps states can start banning abortions now. After all, it is a “constitutional right”.


11 posted on 01/12/2008 4:40:39 AM PST by sportutegrl
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To: Tahts-a-dats-ago
...a complete ban on handguns is NOT per se unconstitutional, it all depends on how good a reason DC can prove for it...

You are an idiot, you are banned from ever speaking in DC.

"It depends on what the meaning if "is" is."

12 posted on 01/12/2008 5:21:22 AM PST by CPOSharky (Energy plan: Build refineries and nuke plants, drill for our oil, mine our coal.)
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To: harpseal; TexasCowboy; AAABEST; Travis McGee; Squantos; Shooter 2.5; wku man; SLB; ...
Click the Gadsden flag for pro-gun resources!
13 posted on 01/12/2008 5:35:17 AM PST by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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To: dsc
DOJ is full of Klintonoid scum. No surprises there.

DOJ works for Bush, who will doubtless instantly tell them their brief is unacceptable to him. Right?

14 posted on 01/12/2008 5:49:08 AM PST by Grut
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To: G.Mason

GUNS UP!


15 posted on 01/12/2008 5:51:44 AM PST by HANG THE EXPENSE (Defeat liberalism, its the right thing to do for America.)
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To: imahawk

Right you are.


16 posted on 01/12/2008 6:05:03 AM PST by G.Mason (And what is intelligence if not the craft of out-thinking our adversaries?)
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To: Grut

“DOJ works for Bush, who will doubtless instantly tell them their brief is unacceptable to him. Right?”

Uhhh...yeah, that’s what he’ll do. Right after he finishes signing another amnesty bill and appointing some more flaming queens to ambassadorships.


17 posted on 01/12/2008 6:15:06 AM PST by dsc
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To: Tahts-a-dats-ago

Looks like I need to buy more powder and primers. Looks like I’m gonna need them come March...


18 posted on 01/12/2008 6:46:51 AM PST by Dead Corpse (What would a free man do?)
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To: dsc
Not necessarily. This was one of my biggest arguments against Bush winning the GOP nomination in the first place. He's VERY weak on RKBA issues.

This is just icing on a very large sh*tcake.

19 posted on 01/12/2008 6:48:12 AM PST by Dead Corpse (What would a free man do?)
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To: Tahts-a-dats-ago

Ours is changing from a government “of the people, by the people, for the people” to “for controlling the pesky little people”. The transition is nearly complete. I hope the Supreme Court chooses wisely.


20 posted on 01/12/2008 6:51:08 AM PST by PreciousLiberty
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