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Council passes emergency bill to allow guns (D.C.)
The Washington Times ^ | 7-16-08 | David C. Lipscomb

Posted on 07/16/2008 11:35:55 AM PDT by JZelle

The D.C. Council on Tuesday night approved emergency legislation that will repeal the District's 32-year-old ban on handguns while setting stiff regulations for registering and storing guns inside homes.

Mayor Adrian M. Fenty, a Democrat, is expected to sign the bill as early as Wednesday, which would allow residents to begin registering guns Thursday.

The bill passed unanimously in the 13-member council with minimal discussion, though several council members acknowledged that more work should be done on the legislation, which as an emergency bill will only be in effect for 90 days.

"There will be more work to be done," Council Chairman Vincent C. Gray, a Democrat, said. "I think where we've come in such a short period of time is barely short of remarkable."

D.C. Council member Phil Mendelson, at large Democrat, added one amendment to the bill to add a fee for ballistics testing of handguns before they are registered.

Police are prepared to register guns immediately, Metropolitan Police Chief Cathy L. Lanier said, though the process will take weeks or months depending on factors such as whether the gun is new and where it is purchased.

The department will release guidelines for the registration process, including fees for registration, fingerprinting and ballistics testing, once the law takes effect, police spokeswoman Traci Hughes said.

The fees will be affordable so as to "not be prohibitive" of gun ownership, D.C. Interim Attorney General Peter J. Nickles said.

D.C. interim Attorney General Peter Nickles

City officials and lawmakers have said they expect court challenges to the law.

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


TOPICS: Constitution/Conservatism; US: District of Columbia
KEYWORDS: banglist; democrats; fenty; guncontrol; guns; heller; secondamendment; shallnotbeinfringed

1 posted on 07/16/2008 11:35:55 AM PDT by JZelle
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To: JZelle

The DC got that out fast. How fast can this get to a Federal District Court for slap-down?


2 posted on 07/16/2008 11:37:26 AM PDT by AU72
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To: JZelle

I wonder how long it will take the DC Government to lose all the gun registration papers?

Next to Detroit, perhaps, the District government is the most hapless municipal government in the country.

It is populated by some of the most unmotivated and inept workers in the country.

And it wants to be a state?


3 posted on 07/16/2008 11:39:20 AM PDT by RexBeach ("Americans never quit!" Douglas MacArthur)
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To: JZelle
Council passes emergency bill to allow guns PAPERWEIGHTS (D.C.)

They still have triggerlocks as a requirement.

4 posted on 07/16/2008 11:39:39 AM PDT by umgud
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To: JZelle

I’m sure they SHOULD expect challenges to this so-called ‘law’.

“SHALL NOT BE INFRINGED”... dipsticks


5 posted on 07/16/2008 11:39:53 AM PDT by Rick.Donaldson (http://www.transasianaxis.com - Please visit for latest on DPRK/Russia/China/et al.)
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To: Rick.Donaldson

in·fringe (n-frnj)
v. in·fringed, in·fring·ing, in·fring·es
v.tr.

1. To transgress or exceed the limits of; violate: infringe a contract; infringe a patent.

2. Obsolete To defeat; invalidate.


6 posted on 07/16/2008 11:40:56 AM PDT by Rick.Donaldson (http://www.transasianaxis.com - Please visit for latest on DPRK/Russia/China/et al.)
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To: JZelle
"The fees will be affordable so as to "not be prohibitive" of gun ownership, D.C. Interim Attorney General Peter J. Nickles said."

Everything about that bill is "prohibitive" of gun ownership and a violation of the 2nd amendment. There should be no "fee' no criminalization of a gun owner by requiring finger printing, and ballistic testing? What nonsense. That can tie up your handgun for months alone.

7 posted on 07/16/2008 11:41:47 AM PDT by Nathan Zachary
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To: JZelle
the new legislation contains a controversial provision requiring gun owners to leave weapons unloaded and either disassembled or locked (such as with a trigger lock or in a gun case) unless the owner faces a "reasonably perceived threat of immediate harm."

Which the SCOTUS decision specifically stated as unconstitutional as well as banning of handguns.

8 posted on 07/16/2008 11:43:29 AM PDT by Domandred (McCain's 'R' is a typo that has never been corrected)
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To: JZelle
The fees will be affordable so as to "not be prohibitive" of gun ownership, D.C. Interim Attorney General Peter J. Nickles said.

Affordable? Since when do I have to pay to exercise a right?

9 posted on 07/16/2008 11:44:24 AM PDT by Politically Correct (A member of the rabble in good standing)
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To: umgud

What is needed are trigger and muzzle locks for that clod Fenty and the entire D.C. Council. Bring their damn jaws together, affix the lock, turn the key, throw key away.

I predict a special master will be appointed by the Court before this is all over (and I can’t wait to see that idiot Fenty’s face when he is informed that he’s gonna have a real-honest-to-gawd MASSA, err ‘master’, lol).


10 posted on 07/16/2008 11:44:25 AM PDT by mkjessup (Jimmy Carter is the Skidmark in the panties of American history.)
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To: JZelle
the Supremes need to be taken a question of where in the Constitution that citizens, who have the right to bear arms, must register them (which is only the enemies way of knowing where to go for confiscation as soon as they get the power) -

Again, only the criminals have unregistered guns. There is no compelling reason for requiring law abiding citizens to register their guns. Why shouldn't we have the same 'rights' as criminals?

11 posted on 07/16/2008 11:45:52 AM PDT by maine-iac7 (No trees were killed in sending this message but a large number of electrons were terrible agitated)
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To: JZelle
D.C. Council member Phil Mendelson, at large Democrat, added one amendment to the bill to add a fee for ballistics testing of handguns before they are registered.

Trigger lock requirements mean nothing unless the law is written to automatically permit entry by D.C. law enforcement to ensure these locks are on firearms. Yeah, yeah, I know that Heller clearly said this provision wasn't permissible. What bothers me most is the required ballistics testing. While fingerprints identify the applicant, and I'll grudgingly accept that, ballistics testing is nothing more than seizure of personal property for the sole purpose of creating evidence. To exercise the 2nd amendment rights, one has to give up one's 5th amendment rights? No thank you.

12 posted on 07/16/2008 11:48:05 AM PDT by kingu (Party for rent - conservative opinions not required.)
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To: JZelle

stiff regulations for registering and storing guns inside homes

I guess the barrels will have to be filled with lead,and no powder in the ammo. Must have permission from your mother and grandmother, guns must be stored in a locked box on the top shelf of the closet.


13 posted on 07/16/2008 11:52:34 AM PDT by bikerman (_ _ . /_ _ _ /_ . . / / . . . . / . / . _ . . / . _ _ . / / . . _ / . . . //)
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To: Nathan Zachary
D.C. Interim Attorney General Peter J. Nickles...

...is my choice for "D1CK OF THE YEAR"!

14 posted on 07/16/2008 11:57:05 AM PDT by Niteranger68 (Obama is the feces created when shame eats too much stupidity.)
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To: umgud
They still have triggerlocks as a requirement.

Didn't the actually supreme court ruling say that lock on guns is unconstitutional too?

15 posted on 07/16/2008 12:03:13 PM PDT by Havok (MOLON LABE!!!!)
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To: JZelle
D.C. Council member Phil Mendelson, at large Democrat, added one amendment to the bill to add a fee for ballistics testing of handguns before they are registered.

POLL TAX!!

16 posted on 07/16/2008 12:05:18 PM PDT by Texican72
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To: Havok
“Didn't the actually supreme court ruling say that lock on guns is unconstitutional too?”

They are going to push to dilute the SC ruling or just not follow it as a practical matter. It is going to take more lawsuits by gunowers to get them to abide by the SC ruling and the constitution.

17 posted on 07/16/2008 12:05:52 PM PDT by HwyChile
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To: JZelle
Deliberate and willful ignorance of the Heller decision aside, has the DC City Council provided for Federal Firearms License (FFL) holders to operate and do business in Washington DC yet?

Kind of hard to acquire a gun without having any gun dealers permitted to do business in the city, you see.

Perhaps they could side-step this problem by allowing DC residents to acquire firearms from within the contiguous states surrounding the District like VA or MD? I think that BATFE might agree that's satisfactory, given Washington DC's unique status as a Federal creation. Also, that would spare the DC City Council from having to get involved in zoning laws for firearms sales. Best of all it would permit residents to acquire defensive firearms immediately. It would be up to VA and MD to permit this sort of transaction unless their state laws are already silent on the issue, I guess.

18 posted on 07/16/2008 12:15:55 PM PDT by The KG9 Kid
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To: RexBeach

You can put Memphis, TN on your list. It used to be a nice city, but its fast on its way to being a complete craphole since its being run by a bunch of DC types. The exterior suburbs are nice though - Germantown, Collierville, etc.


19 posted on 07/16/2008 12:19:22 PM PDT by ChinaThreat (s)
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To: JZelle
"the new legislation contains a controversial provision requiring gun owners to leave weapons unloaded and either disassembled or locked (such as with a trigger lock or in a gun case) unless the owner faces a "reasonably perceived threat of immediate harm."

So, effectively, the homeowner now must document their situation as opposed to the perp.

The homeowner must be able to prove that the gun had been unlocked in order to operate it or show how they felt threatened.

20 posted on 07/16/2008 12:22:25 PM PDT by n230099 ("If you don't blame the camera for porn, then don't blame the gun for shootings". (Unknown))
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To: Havok
Didn't the actually supreme court ruling say that lock on guns is unconstitutional too?

Yes, both in their oral arguments and the ruling.

21 posted on 07/16/2008 12:24:48 PM PDT by umgud
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To: JZelle
HEADLINE:Council passes emergency bill to allow continued prohibition of guns (D.C.)

There. I fixed it.

22 posted on 07/16/2008 12:36:01 PM PDT by Gritty (Those who hammer their guns into plowshares will plow for those who do not-Thomas Jefferson)
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To: maine-iac7
"There is no compelling reason for requiring law abiding citizens to register their guns. Why shouldn't we have the same 'rights' as criminals?"

You do have the same rights as a crook, Read on:

In Haynes v. U.S. (1968), a Miles Edward Haynes appealed his conviction for unlawful possession of an unregistered short-barreled shotgun. His argument was ingenious: since he was a convicted felon at the time he was arrested on the shotgun charge, he could not legally possess a firearm. Haynes further argued that for a convicted felon to register a gun, especially a short-barreled shotgun, was effectively an announcement to the government that he was breaking the law. If he did register it, as 26 U.S.C. sec.5841 required, he was incriminating himself; but if he did not register it, the government would punish him for possessing an unregistered firearm -- a violation of 26 U.S.C. sec.5851. Consequently, his Fifth Amendment protection against self- incrimination ("No person... shall be compelled in any criminal case to be a witness against himself") was being violated -- he would be punished if he registered it, and punished if he did not register it. While the Court acknowledged that there were circumstances where a person might register such a weapon without having violated the prohibition on illegal possession or transfer, both the prosecution and the Court acknowledged such circumstances were "uncommon." The Court concluded:

We hold that a proper claim of the constitutional privilege against self-incrimination provides a full defense to prosecutions either for failure to register a firearm under sec.5841 or for possession of an unregistered firearm under sec.5851.

You can read the rest here

Semper Fi
An Old Man

23 posted on 07/16/2008 12:42:06 PM PDT by An Old Man ("The limits of tyrants are prescribed by the endurance of those whom they suppress." Douglas)
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To: RexBeach

I beg your pardon? I think the District government is FULLY as hapless and incompetetent and crooked as Detroit’s. How dare you, sir!


24 posted on 07/16/2008 12:44:40 PM PDT by 3AngelaD (They screwed up their own countries so bad they had to leave, and now they're here screwing up ours)
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To: JZelle
Its off to court. They know the ordinance is unconstitutional but DC doesn't give a rat's rear end about the Constitution.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

25 posted on 07/16/2008 12:48:39 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: The KG9 Kid
Perhaps they could side-step this problem by allowing DC residents to acquire firearms from within the contiguous states surrounding the District like VA or MD?

IIRC, the Brady Bill bans the sale of handguns to non-residents of a given state. I think you'd need an amendment to that bill to allow DC residents to buy handguns in VA or MD.

26 posted on 07/16/2008 12:56:49 PM PDT by Citizen Blade
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To: JZelle

Unconstitutional, unconstitutional, unconstitutional... and unconstitutional.

Arrogant pr*cks, all of them, once again proving that it ain’t about guns - it’s about control.


27 posted on 07/16/2008 1:02:52 PM PDT by dbwz
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To: Citizen Blade

Sure, but DC isn’t a state. Besides, the woman who’s husband that ‘The Brady Bill’ is named after doesn’t consider it a violation to buy and transport guns across state lines without an FFL, seeing as she did it herself when she bought a rifle for her son for Christmas in Delaware. BATFE said they had no interest in pursuing charges, so why not allow DC residents to buy guns in Virginia?


28 posted on 07/16/2008 1:04:25 PM PDT by The KG9 Kid
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To: JZelle; All

“Guns for me, but none for thee.”


29 posted on 07/16/2008 2:05:02 PM PDT by wastedyears (Show me your precious darlings, and I will crush them all)
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To: The KG9 Kid

not that I’m defending sarah brady in any way, but it’s legal to buy a long gun from a FFL in an adjoining state. Handguns are another matter.


30 posted on 07/16/2008 2:31:49 PM PDT by henry_reardon
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To: The KG9 Kid

***doesn’t consider it a violation to buy and transport guns across state lines without an FFL, seeing as she did it herself when she bought a rifle for her son***

We have FOPA ‘86 I believe for that.


31 posted on 07/16/2008 2:36:07 PM PDT by wastedyears (Show me your precious darlings, and I will crush them all)
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To: JZelle
Automatic and semiautomatic handguns remain illegal because they meet the District's definition of a machine gun, an issue several gun advocates said they intend to challenge.

The game here is to do whatever they wish while tying up everything in court until they get a USC that will overturn Heller.

32 posted on 07/16/2008 2:44:09 PM PDT by facedown (Armed in the Heartland)
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To: An Old Man

We all need to print that out and file it --- next to our unregistered firearms

33 posted on 07/16/2008 2:49:58 PM PDT by maine-iac7 (No trees were killed in sending this message but a large number of electrons were terrible agitated)
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