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Heller II: Heller Harder
Reason Magazine ^ | 28 July, 2008 | David Weigel

Posted on 07/29/2008 4:04:48 AM PDT by marktwain

Back on July 18, I followed 2nd Amendment case plaintiff Dick Heller to the D.C. courts and watched him begin the laborious process of registering an old revolver. The chatter in the crowd, and among reporters, was how onerous D.C.'s laws still were, even after the city's gun ban was overturned. Ten days later, Heller has a solution.

Dick Heller, et al., filed a complaint (For Declaratory Judgment, Injunctive Relief, and Writ of Mandamus) against the city today to force them to comply with the US Supreme Court ruling in the District of Columbia v. Heller and to protect our individual rights such as the right to defend ourselves in our own homes. The current regulations violate our rights in several ways such as the unconstitutional ban on semiautomatic firearms, the discretionary fee-imposition power of the police chief, the undue burden on the right to a lawful firearm in the home operable for the purpose of immediate self-defense, and in other ways.

On June 26, 2008, the United States Supreme Court held in District of Columbia v. Heller, 128 S. Ct. 2783, 2821-22 (2008), that "the District's ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense."

The District's ban on semiautomatic handguns amounts to a prohibition of an entire class of arms that is overwhelmingly chosen by American society for the lawful purpose of self-defense in the home. Semiautomatic pistols are issued to and commonly possessed by officers of the Metropolitan Police Department for self-defense and other lawful purposes.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: banglist; dc; fenty; heller; injunction; judiciary; secondamendment; shallnotbeinfringed
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This should be a slam dunk. But.. with the liberals on the courts and the support for the corrupt DC government in the MSM, the protection of our rights is under attack.
1 posted on 07/29/2008 4:04:48 AM PDT by marktwain
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To: marktwain

WOOHOO! Finally, some legal action against this bizarre action by Fenty and his whackos! Go Heller!


2 posted on 07/29/2008 4:09:03 AM PDT by TexasRedeye (Eschew obfuscation)
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To: marktwain
The only way to put a stop to DC's monkey business is to force them to respect the Second Amendment.

"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

3 posted on 07/29/2008 4:15:50 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: goldstategop
The only way to put a stop to DC's monkey business is to force them to respect the Second Amendment.

IMO the only way is to get a large number of people "spontaneously" to announce that they have firearms in their homes, various types, newly acquired or not, registered or not, and thereby offer the authorities an opportunity to do something or nothing. Given the fatty, sluggish condition of govt these days, they just might do nothing, but at the very least they wouldn't do anything right :)

It wouldn't take much organization, and wouldn't amount to an insurrection. Just a little passive aggressiveness on the Potomac.

4 posted on 07/29/2008 4:32:02 AM PDT by 668 - Neighbor of the Beast (Only a Kennedy between us and tyranny.)
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To: marktwain

I’m surprised that the original wording passed muster. When it says that “Only marriage between a man and a woman...”, it is ambiguous. The literal interpretation could be that other types of contracts, unrelated to marriage, would not be recognized. Better wording would be: “Marriage between only a man and a woman...”


5 posted on 07/29/2008 4:37:47 AM PDT by Real Cynic No More (The only thing standing between us and complete victory over the evildoers is POLITICS!)
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To: Real Cynic No More

“I’m surprised that the original wording passed muster. When it says that “Only marriage between a man and a woman...”, it is ambiguous. The literal interpretation could be that other types of contracts, unrelated to marriage, would not be recognized. Better wording would be: “Marriage between only a man and a woman...””


I suspect that you meant this to be posted in response to a post on the California referendum. Did you post it on this thread by mistake?


6 posted on 07/29/2008 4:43:26 AM PDT by marktwain
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To: goldstategop
The only way to put a stop to DC's monkey business is to force them to respect the Second Amendment.

There IS another way, but I believe it is illegal, at least, in "modern" times. :)

7 posted on 07/29/2008 4:46:50 AM PDT by DocH (hussein and juan - what kind of choice is THAT? God help us.)
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To: DocH

And mentioning that “other way” is unfortunately contrary to FR posting guidelines but I know exactly what you mean.

Commissar Fenty and his crew need to personally experience the “thrill” of gun ownership, then they might have a better appreciation of the Second Amendment.


8 posted on 07/29/2008 5:00:20 AM PDT by mkjessup (Obama-flakes! = Little suntanned Jimmy Carters with twice the empty rhetoric , from DNC cereals!)
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To: DocH; goldstategop
There IS another way, but I believe it is illegal, at least, in "modern" times. :)

It would only be illegal if the totalitarians won. Otherwise it would be an extralegal method of seizing the reins of government from those who abuse their authority.

9 posted on 07/29/2008 5:05:25 AM PDT by magslinger (Infidel, American type, quantity one (1) each.)
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To: magslinger

I like the way you think.


10 posted on 07/29/2008 5:07:46 AM PDT by mkjessup (Obama-flakes! = Little suntanned Jimmy Carters with twice the empty rhetoric , from DNC cereals!)
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To: marktwain

No need for Fenty and his minions to make any real permanent changes. After all the Obaessiah will be in office in just 6 short months and all this Supreme court claptrap will disappear. /sarc

I really do believe that’s how he thinks.


11 posted on 07/29/2008 5:39:40 AM PDT by lrb111 (Minutemen - Doing jobs the White House won't do.)
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To: mkjessup

We’d better hang together. It beats hanging separately.


12 posted on 07/29/2008 5:58:43 AM PDT by magslinger (Infidel, American type, quantity one (1) each.)
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To: magslinger

According to my friends Mr. Smith and Mr. Wesson, they won’t be hanging me FRiend, and I suspect you have the same friends. ;)


13 posted on 07/29/2008 6:39:00 AM PDT by mkjessup (Obama-flakes! = Little suntanned Jimmy Carters with twice the empty rhetoric , from DNC cereals!)
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To: harpseal; TexasCowboy; nunya bidness; AAABEST; Travis McGee; Squantos; Shooter 2.5; wku man; SLB; ..
Click the Gadsden flag for pro-gun resources!
14 posted on 07/29/2008 6:56:43 AM PDT by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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To: marktwain

It is exactly what I thought would happen.


15 posted on 07/29/2008 7:51:07 AM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: marktwain

Heller returns to court to get a judgment against the city of DC that will read “A semi-automatic firearm is not recognized as a machinegun. Also, stop screwing around with the trigger lock and disassembly requirements. The US Supreme Court already spelled it out for you ignant peanutheads on the city council.”


16 posted on 07/29/2008 8:27:22 AM PDT by The KG9 Kid
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To: marktwain
Short rope, tall tree.

Bucket of tar and goose down feather pillows.

Repeat as necessary until these morons figure out "shall not be infringed" will be ENFORCED...

17 posted on 07/29/2008 8:52:39 AM PDT by Dead Corpse (What would a free man do?)
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To: magslinger
Extralegal? The Declaration and the supporting documentation (Elliot's Debates, Anti and federalist Papers, Etc...) all point out the citizens ultimate Right of defense and redress via force of arms. This was why RKBA was codified in the BoR to begin with.

Difficult, dangerous, and "a last resort", definately... but hardly "extralegal". Maybe "supralegal" would be a better nomenclature. It is "above" the law, not "outside" it.

18 posted on 07/29/2008 8:59:26 AM PDT by Dead Corpse (What would a free man do?)
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To: Dead Corpse

Goose down feathers are to good for those bozo’s get a bunch of chicken feather pillows instead.


19 posted on 07/29/2008 9:11:43 AM PDT by Nebr FAL owner (.308 reach out & thump someone .50 cal.Browning Machine gun reach out & crush someone)
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To: marktwain
I don't know why anybody ever thought the anti-2nd Amendment Liberals would respect this decision. They've always been against the Constitution.
20 posted on 07/29/2008 9:11:59 AM PDT by Gritty (Our Founders never anticipated the self-reliant man would be outlawed before rifles were-Jeremy Gaye)
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