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What Next for D.C.'s Gun Laws
Wall Street Journal ^ | August 8, 2008 | DAVID B. KOPEL and ROBERT A. LEVY

Posted on 08/09/2008 7:51:23 PM PDT by neverdem

The Supreme Court ruled in June that provisions of Washington, D.C.'s gun laws are unconstitutional. Unfortunately, the city has responded with new regulations that are a flagrant attempt to circumvent the court's decision.

It's time for Congress to use the power granted to it in the Constitution to "exercise exclusive legislation" in the District and uphold its residents' constitutional rights. It can do so by passing the District of Columbia Personal Protection Act now pending in Congress, with a few adjustments. This bill, introduced on July 31 with 57 cosponsors, would prevent D.C. from passing regulations that discourage the private lawful use of firearms or otherwise suppress residents' Second Amendment rights. It is the result of a compromise between the National Rifle Association and House leaders.

To ensure broad-based, bipartisan support, we propose four modest congressional actions that would preserve some home-rule authority while erecting a commonsense framework for restoring the right to self-defense in our nation's capital.

First, Congress should change how D.C. processes gun registrations. Currently, residents must complete an application form, submit photographs, prove residency and good vision, pass a written test, pay a fee, be fingerprinted, and have the gun ballistics tested. The entire process can take months.

Congress should mandate a more streamlined process for D.C. based on the National Instant Criminal Background Check System, which is already required by federal law for all retail firearm sales. Background checks are usually completed within a few hours.

Second, D.C. still bans all "machine guns," improperly defined as any gun capable of firing 12 or more rounds without reloading -- even if the gun owner has a magazine with fewer rounds. As a result, only revolvers or single-shot handguns can be registered. But semiautomatic handguns constitute about three-quarters of handguns sold in the U.S. Banning them violates...

(Excerpt) Read more at online.wsj.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Politics/Elections
KEYWORDS: banglist; heller; shallnotbeinfringed
Mr. Kopel is an associate policy analyst at the Cato Institute. Mr. Levy is a senior fellow at Cato and was co-counsel to Dick Heller in District of Columbia v. Heller.
1 posted on 08/09/2008 7:51:23 PM PDT by neverdem
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To: neverdem

The Republican controlled Congress can pass this act in a flash, good thing they were smart enough to keep the people’s trust.


2 posted on 08/09/2008 7:59:58 PM PDT by Navy Patriot (John McCain, the Manchurian Candidate.)
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To: neverdem

What about civil disobediance? What if 10,000 people bought handguns in DC and openy refused to comply with their unlawful regulations? You think that might clog up their court system?


3 posted on 08/09/2008 8:05:11 PM PDT by PackerBoy (Just my opinion ....)
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To: PackerBoy

No, they’ll just invite the NYPD and CAPD to help them out.

Like NOLA did for Katrina. NYPD and CA Highway Patrol.


4 posted on 08/09/2008 8:09:14 PM PDT by wastedyears (Show me your precious darlings, and I will crush them all)
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To: PackerBoy
What if 10,000 people bought handguns in DC and openly refused to comply with their unlawful regulations?

I am sure that has already happened. The people doing it are indifferent to laws.
5 posted on 08/09/2008 8:09:51 PM PDT by Dr. Sivana (There is no salvation in politics)
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To: neverdem

A better question is how are SCOTUS decisions enforced? Had this ruling been about abortion, afirmative action, desegegation or any other feel-good issue, the gov’t stormtroopers would have come down on DC like the plague.


6 posted on 08/09/2008 8:10:25 PM PDT by umgud
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To: PackerBoy
What about civil disobedience? What if 10,000 people bought handguns in DC and openly refused to comply with their unlawful regulations? You think that might clog up their court system?

No, DC will just invite the Prince Georges County Maryland Police and Sheriff's Department to c'mon over and help round up all unregistered handguns, and shoot any dogs they find, if not the owners of the firearms as well.
7 posted on 08/09/2008 8:47:49 PM PDT by mkjessup
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To: PackerBoy
“What about civil disobediance? What if 10,000 people bought handguns in DC and openy refused to comply with their unlawful regulations? You think that might clog up their court system?”

Civil disobedience only works if you are dealing with an Authority that has a conscience and is not willing to murder large numbers of people. You also have to have a sympathetic media on your side. The MSM would applaud DC coming down hard on “Gun Nut Protesters” to prevent “Anarchy”.

Civil disobedience never worked in Saddam's Iraq, and I doubt if it would work in DC.

8 posted on 08/09/2008 9:42:02 PM PDT by marktwain
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To: marktwain
Civil disobedience never worked in Saddam's Iraq, and I doubt if it would work in DC.

Civil disobedience works if everyone is armed with a weapon that can kill a cop.

10,000 handgunners. You think DC cops would get mixed up in THAT?

9 posted on 08/09/2008 9:46:48 PM PDT by Centurion2000 (A citizen using a weapon to shoot a criminal is the ultimate act of independence from government.)
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To: neverdem
It's time for Congress to use the power granted to it in the Constitution to "exercise exclusive legislation" in the District and uphold its residents' constitutional rights.

That would be the same Congress "lead" by Ms Pelosi and Mr Reid, I believe.

10 posted on 08/09/2008 10:14:04 PM PDT by RobinOfKingston (Man, that's stupid ... even by congressional standards.)
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To: neverdem

DC gun ping


11 posted on 08/09/2008 10:28:57 PM PDT by gleeaikin
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To: neverdem

Can D.C. residents even buy guns? Are there any legal dealers in D.C.? Can D.C. residents legally buy guns outside of D.C. and legally bring them in?


12 posted on 08/09/2008 10:59:31 PM PDT by Dagny&Hank
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To: umgud
101st Airborne Little Rock Arkansas
13 posted on 08/09/2008 11:07:48 PM PDT by Covenantor
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To: PackerBoy

Not enough people in that district that want to be the “test cases”...

Remember, it was only 6 people who originally petitioned their grievances, and eventually combined (teamed up) and named Heller as the prime litigant to address the Supreme Court...

As for what needs to be done...Well...Its going to be hard to find someone(s) to get the Supreme Court (no matter what the make-up is) to arrest, indict, and prosecute anyone in the D.C. local government for failing to abide by a court ruling...

This was what was going to happen anyway...I do not understand why a lot of people are surprised by this...

The last time I heard that a group of people got together and had a civil disobediant gatheringh in D.C.

A lot of people were hurt...The government brought the army in and rolled on them...The very people that want to take away a very basic, moral and empowering right we have, will pull the hypocritical trigger back at us in a heartbeat...

So the question you need to ask yourself is this...What are you prepared to do, and what are you prepared to sacrifice in righting this wrong???

Sure we can storm the Bastille if we need to, but how clever it would be to flush the entire group R and D, and put people in place who understand the founding principles this country is better off not trying to screw up...

BTW, I am not a Paul-Bot in anyway , shape or form...I am a Conservative first, Republican second...An American by birth, Texan by the grace of God! ;-)

Go back and read “Unintended Consequences”...You’ll see what I’m talking about...


14 posted on 08/10/2008 4:51:50 AM PDT by stevie_d_64 (Houston Area Texans (I've always been hated))
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To: marktwain

I agree, see my post #13...


15 posted on 08/10/2008 4:54:24 AM PDT by stevie_d_64 (Houston Area Texans (I've always been hated))
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To: stevie_d_64

We will lose any rights that we don’t have the courage to fight for.


16 posted on 08/10/2008 9:08:51 AM PDT by B4Ranch
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To: stevie_d_64
The last time I heard that a group of people got together and had a civil disobediant gatheringh in D.C. A lot of people were hurt...

Not many folks remember The Bonus Army March anymore.

Nice to see somebody bring it up....

L

17 posted on 08/10/2008 9:15:46 AM PDT by Lurker (Islam is an insane death cult. Any other aspects are PR to get them within throat-cutting range.)
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To: marktwain; PackerBoy
Civil disobedience never worked in Saddam's Iraq, and I doubt if it would work in DC.

---------------------------------------------------

Civil disobedience worked in our early republic, and it would work in DC. -- The key is using civil, constitutional means to disobey, -- only a few dozen DC vets refusing to comply with 'laws' that prohibit their service handguns could turn the trick.

18 posted on 08/10/2008 1:12:42 PM PDT by jtom36
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To: neverdem

“It’s time for Congress to use the power granted to it in the Constitution to “exercise exclusive legislation” in the District and uphold its residents’ constitutional rights.”

Unfortunately, this mistakenly assumes that congress has a collective backbone and a set of b*lls; or that congress has the best interests of the people at heart, rather than an endless series of turf battles and efforts to protect and extend perks and benefits and enlarge salaries.


19 posted on 08/10/2008 4:50:04 PM PDT by Jack Hammer (here)
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