Skip to comments.Federal Judge Raps DC Government In Gun Control Case
Posted on 07/30/2014 5:15:12 AM PDT by Kaslin
Alexander Herzen, an 18th century writer from Russia, once quipped, There is nothing in the world more stubborn than a corpse: you can hit it, you can knock it to pieces, but you cannot convince it. Today, such a description could apply to unconstitutional gun control laws, which received what should have been a death sentence in 2008 with the Heller decision, only to languish on despite being knocked to pieces in court in the half dozen years since that seminal decision.
In Heller, one of the most important rulings for liberty in recent American history, attorney Alan Gura successfully sued the D.C. government; in the process overturning its blatantly unconstitutional, 1970s-era ban on firearms. Heller clearly affirmed the individual right to keep and bear arms guaranteed by the Second Amendment; as contrasted to the mushy, collective right interpretation long-favored by gun-grabbers like Michael Bloomberg and Rahm Emmanuel. Gura then successfully sued the city of Chicago, which resulted in the High Courts 2010 McDonald decision, thus extending Hellers ruling to local governments across the country.
Following these two landmark Supreme Court rulings, other lawsuits picked apart the anti-gun apparatus in federal court. Yet, as stubborn as a corpse can be, anti-gun state and local government officials immediately began fashioning new ways to undermine the restoration of gun rights in their jurisdictions. Officials in Washington, D.C. -- ground zero for the modern day resurgence of the Second Amendment refused to comply with the letter and intent of those Supreme Court decisions.
For example, the District forces its residents to obtain a permit to carry a firearm outside of the home; but the City steadfastly has refused to institute a process enabling citizens seeking to so defend themselves, to obtain permits. In essence, the city created a de facto ban on carrying firearms in public, all the while claiming to comply with the intent of the Heller decision. One can see why Gura has been so busy.
Fortunately, half a decade worth of post-Heller litigation paid off last week, when federal district court Judge Frederick Scullin ruled D.C.s permitting scheme to be unconstitutional. In light of Heller, McDonald, and their progeny, wrote Scullin, there is no longer any basis on which this Court can conclude that the District of Columbia's total ban on the public carrying of ready-to-use handguns outside the home is constitutional under any level of scrutiny.
Scullins refreshingly clear ruling follows one in December 2012 by federal Court of Appeals Judge for the Seventh Circuit, Richard Posner. In that ruling Posner noted that to confine the right to be armed to the home -- as Illinois then-blanket ban on the private carry of firearms did -- is to divorce the Second Amendment from the right of self-defense described in Heller and McDonald. Posner noted pointedly that residents of Chicago, a notoriously dangerous city despite years of aggressive gun control laws, had a far greater claim to self-defense outside the home than in it.
As Scullin and Posners rulings suggest, it is only logical that law-abiding citizens protecting themselves from violence outside the home is a natural and logical focus of the Second Amendment, especially given the legal clarity on the issue from two recent Supreme Court battles. Unfortunately, logic is not an attribute favored by gun-control zealots such as those controlling the levers of power in the District of Columbia; which is precisely why the fight for the Second Amendment continues long after a majority of Supreme Court justices might have thought they resolved the issue in 2008 and 2010.
And, the anti-gun grandstanding in the courts is not without financial costs to taxpayers, who are forced to pay the legal fees of both parties after each government defeat. The six years D.C. officials dragged Dick Heller through the legal system, only to be told what the language of and history behind the Second Amendments clearly proclaims to the world (that the right of the people to keep and bear [a]rms shall not be infringed), cost taxpayers more than one million dollars in attorney fees, just for Hellers team.
That is why some members of Congress are starting to use the power of the purse strings to rein in D.C. officials who continue to violate the clear directive of the Supreme Court. Earlier this month, for example, Rep. Thomas Massie (R-KY) successfully passed an appropriations amendment that prohibits the District of Columbia from using federal tax dollars to enforce its unconstitutional gun control laws. While the fate of such a common-sense measure remains unclear in the Senate, the fact that many Democratic incumbents facing reelection in November hail from states whose voters are strong Second Amendment supporters, raises the legislations odds considerably.
Until we get to the point of lamp post/rope justice, we are going to be saddled by these petty bureacrats who use procedure to deny rights guaranteed by the bill of rights. Guns are one. Seizure of property is another. Searches requiring warrants is another and so on.
The sad part is they didn't have to be turning at all. The 2nd Amendment says it all.
The wheels are turning in our direction on this issue based on a narrow SC decision. Think what could happen given the probabilities we get another anti gunner on the SC in place of one of the five? Not so far fetched as all the dems and a fair number of RINOs support the notion of getting guns out of the hands of the people. Also, they turn slowly on the 2nd issues but not so slowly on things like fag marriage and dope uses even though more of the public is in favor of the 2nd amendment then either of these two issues. Why? Because the libs like them and don’t like guns. We are being programmed into being an anti gun nation in our schools to boot so we are losing a cadre of supporters of the 2nd IMO.
I believe we need to stop relying on SCOTUS to define what is constitutional or unconstitutional. If a lowly German soldier can be hanged for obeying an order that has been declared illegal AFTER THE FACT then ordinary American citizens should be capable of deciding the legality of a law.
That said, any citizen who makes his/her own decision regarding constitutionality of a particular law will have to be prepared to defend that decision - with their life if necessary.
Well, the abortion issue was also a 5-4 decision and it (unfortunately) has stood for 4 decades.