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  1. #1
    Norm357's Avatar
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    Dc Gun Ban Overturned!!!!!!!!!

    Drudge is reporting.....


    This is huge.

    BREAKING NEWS -- Divided three-judge D.C. Circuit panel holds that the District of Columbia's gun control laws violate individuals' Second Amendment rights: You can access today's lengthy D.C. Circuit ruling at this link.
    According to the majority opinion, "[T]he phrase 'the right of the people,' when read intratextually and in light of Supreme Court precedent, leads us to conclude that the right in question is individual." The majority opinion sums up its holding on this point as follows:

    To summarize, we conclude that the Second Amendment protects an individual right to keep and bear arms. That right existed prior to the formation of the new government under the Constitution and was premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad). In addition, the right to keep and bear arms had the important and salutary civic purpose of helping to preserve the citizen militia. The civic purpose was also a political expedient for the Federalists in the First Congress as it served, in part, to placate their Antifederalist opponents. The individual right facilitated militia service by ensuring that citizens would not be barred from keeping the arms they would need when called forth for militia duty. Despite the importance of the Second Amendment's civic purpose, however, the activities it protects are not limited to militia service, nor is an individual's enjoyment of the right contingent upon his or her continued or intermittent enrollment in the militia.
    The majority opinion also rejects the argument that the Second Amendment does not apply to the District of Columbia because it is not a State. And the majority opinion concludes, "Section 7-2507.02, like the bar on carrying a pistol within the home, amounts to a complete prohibition on the lawful use of handguns for self-defense. As such, we hold it unconstitutional."
    Senior Circuit Judge Laurence H. Silberman wrote the majority opinion, in which Circuit Judge Thomas B. Griffith joined. Circuit Judge Karen LeCraft Henderson dissented.

    Judge Henderson's dissenting opinion makes clear that she would conclude that the Second Amendment does not bestow an individual right based on what she considers to be binding U.S. Supreme Court precedent requiring that result. But her other main point is that the majority's assertion to the contrary constitutes nothing more than dicta because the Second Amendment's protections, whatever they entail, do not extend to the District of Columbia, because it is not a State.
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  2. #2
    KaiGywer's Avatar
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    So what does this mean in plain English? Carry permits honored in DC?
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  3. #3
    BEB
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    http://www.prnewswire.com/cgi-bin/st...4543259&EDATE=
    Under existing law, no handgun could be registered in the District, and even pistols registered prior to D.C.'s 1976 ban could not be carried from room to room within a home without a license. The sum result of D.C.'s myriad firearm codes: no one within the city limits may possess a functional firearm within his or her own home.

    http://www.washtimes.com/op-ed/20050...1040-3508r.htm
    It is time to repeal the District's gun laws. Just consider a few statistics: Five years before the D.C. Council banned nearly all firearms in 1976, the District's murder rate fell from 37 to 27 per 100,000 people. In the five years after 1976, the murder rate rose to 35 per 100,000 people. Between 1976 and 1991, the D.C. homicide rate rose 200 percent. The national homicide rate during the same 15-year period rose just 12 percent.

  4. #4
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    ps: what's the link?

    BREAKING NEWS -- Divided three-judge D.C. Circuit panel holds that the District of Columbia's gun control laws violate individuals' Second Amendment rights: You can access today's lengthy D.C. Circuit ruling at this link.
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  5. #5
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    It appears to mean that citizens living in DC can posess loaded and functional handguns in their homes. They will still be subject to registering their guns, and they still won't be able to carry them outside their homes. For now.

    Here's the link to the actual opinion: http://www.drudgereport.com/04-7041a.pdf
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  6. #6
    cntryboy0531 is offline THE five-oh
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    Outstanding.

  7. #7
    TXCharlie's Avatar
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    I was hoping this would happen - Now it needs to go to the Supreme Court to make it "stick" for the whole country!!!

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  8. #8
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    Well, it's a step in the right direction anyways
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  9. #9
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    I have thw whole thing in PDF form. It is 75 pages long. PM me with your e-mail and I will send it to you. However, under the headling on Drudge, there is a PDF thing you can click on and get yer selve.

  10. #10
    gozling's Avatar
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    Quote Originally Posted by KaiGywer View Post
    Well, it's a step in the right direction anyways
    i have to agree
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  11. #11
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    Now if will just help get rid of some of the 22,000 other gun laws on the books that hamper the law abiding that would REALLY HELP!

  12. #12
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    Norm thank you for letting us know.
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  13. #13
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    This is a monumental decision, guys...

    With a Circuit court following a precedence set by Supreme??

    Yeah.. HUGE.

    Get ready... I like the way this story might read.

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  14. #14
    Andrewtx's Avatar
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    I was surprised to see the headline to say the least! This should be very interesting.

  15. #15
    Pedro56's Avatar
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    I hope they start something like that here in The Peoples Socialist Republic of Chicago, or in the Peoples State of Illinois

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  16. #16
    BEB
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    Quote Originally Posted by Pedro56 View Post
    I hope they start something like that here in The Peoples Socialist Republic of Chicago, or in the Peoples State of Illinois

    Snippet from another opinion piece pertaining to your city.


    http://washingtontimes.com/op-ed/200...3927-3346r.htm

    But even cities with far better police agencies have seen crime soar in the wake of handgun bans. Chicago, which has banned all handguns since 1982, has police computer systems that are the envy of the nation, a bevy of shiny new police facilities and a productive working relationship with community groups. Indeed, the city has achieved impressive reductions in property crime in recent years. But the gun ban didn't work at all when it came to reducing violence.

    Chicago's murder rate fell from 27 to 22 per 100,000 in the five years before the law and then rose slightly to 23. The change is even more dramatic when compared to five neighboring Illinois counties: Chicago's murder rate fell from being 8.1 times greater than its neighbors in 1977 to 5.5 times in 1982, and then went way up to 12 times greater in 1987. While robbery data isn't available for the years immediately after the ban, since 1985 (the first year for which the FBI has data) robbery rates soared.

    In other words, crime rates actually improved prior to these bans and then deteriorated after they took effect. Even though guns will leak into the District and Chicago from neighboring areas, at least some minor benefit still should have been observed if gun bans reduce crime. Instead, the opposite was the case. The gun bans appear to have disarmed only law-abiding citizens while leaving criminals free to prey on the populace.

  17. #17
    TXCharlie's Avatar
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    Meanwhile Dallas murder rates continue to fall... I think it fell 25% in the last couple of years.

    I've mentioned it several times, but not only do we have "Shall Issue" Concealed Handgun Licenses, we also have no laws against packing a loaded shotgun or rifle in a car (for a peaceful purpose of course)... So why isn't our murder rate rising?

    Just a year or so ago, the Texas CHL "Traveling" law changed, so now you almost don't even need a license to carry a loaded handgun in your car if you're traveling a long distance (and the State has to now prove that you're NOT traveling). But there are many advantages to having a Texas CHL... Such as the ability to carry it in about 30 other states, when not in the car, plus the ability to "impulse buy" at gun stores and gun shows without waiting for a background check
    Last edited by TXCharlie; 03-09-07 at 11:22 PM.

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  18. #18
    BEB
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    Sadly my fair city still won't allow concealed carry. State law be damned, the city council knows what's best. Meanwhile our murder stats were right in line for the state average, but rapes were higher. Guess the city council missed those crime stats when declaring this a safe community. Meanwhile all their yapping just got most businesses to put up no-weapon signs without having any idea what the issue was.

    Screw it. Penalty still isn't that bad. If the city council wants to make us a victim community it's time to become a scofflaw. Rather be fined than be useless.

  19. #19
    TXCharlie's Avatar
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    Quote Originally Posted by BugEyedBeast View Post
    Sadly my fair city still won't allow concealed carry. State law be damned, the city council knows what's best.
    Texas had some cities like that too... So in 2002 they took it out of the city's hands, and invalidated most all city gun ordances.

    The city can still post a "30.06" sign if the building is off-limits for some reason, but they can't just make a blanket rule and leave people guessing.

    Also a college can post all the "Weapon Free Zone" signs it wants, but the Penal Code says that they only apply to Primary & Secondary schools. the Penal Code does make college premisis (buildings and stadiums themselves, not the parking lots) off-limits to guns, but I ignore the "Weapons Free Zone" thing and pack my knife in.

    Just more bullshit signs which need to be disposed of, as far as I can tell - They may one day AGAIN discourage a student from packing a weapon while jogging, and her defenseless condition could result in her death. Dallas has had student joggers murdered at this very college I'm talking about at night.

    Ignoring the stupidity of going out there alone at night in a neighborhood where the gas stations have burglar bars rivaling Fort Knox, if it were not for those damn signs she may have packed her gun, knife, or pepper spray that night and lived.
    Last edited by TXCharlie; 03-10-07 at 01:01 AM.

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