District of Columbia's Ban on Right to Carry Overturned
73 replies, posted
[quote]Gun rights advocate extraordinaire Alan Gura reports that the DC District Court just overturned the District of Columbia’s ban on the right to carry firearms. You can read the ruling [url=http://alangura.com/wp-content/uploads/2014/07/DCT_OPINION.pdf]here[/url]. As Gura quotes the ruling:
In light of Heller, McDonald, and their progeny, 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. Therefore, the Court finds that the District of Columbia’s complete ban on the carrying of handguns in public is unconstitutional. Accordingly . . .
the Court grants Plaintiffs’ motion for summary judgment and enjoins Defendants from enforcing the home limitations of D.C. Code § 7-2502.02(a)(4) and enforcing D.C. Code § 22-4504(a) unless and until such time as the District of Columbia adopts a licensing mechanism consistent with constitutional standards enabling people to exercise their Second Amendment right to bear arms.4 Furthermore, this injunction prohibits the District from completely banning the carrying of handguns in public for self-defense by otherwise qualified non-residents based solely on the fact that they are not residents of the District.[/quote]
[url=http://www.thetruthaboutguns.com/2014/07/daniel-zimmerman/breaking-dcs-ban-right-carry-overturned/]Truth About Guns[/url]
Hopefully this will ripple throughout the states.
[QUOTE=Emperor Scorpious II;45510373]Hopefully this will ripple throughout the states.[/QUOTE]
Honestly, it probably won't.
Guns should be a privilege, not a right.
[QUOTE=SgtCr4zyGunz;45510544]Guns should be a privilege, not a right.[/QUOTE]
do you know what the word privilege means?
[QUOTE=SgtCr4zyGunz;45510544]Guns should be a privilege, not a right.[/QUOTE]
Well, it's already in the Constitution so nothing to do there.
[QUOTE=Emperor Scorpious II;45510373]Hopefully this will ripple throughout the states.[/QUOTE]
great, last thing i need is [I]more[/I] people carrying long riffles to a mcdonalds
id like to see the congressmen that were challenging this actually live inside DC instead of virginia and the surrounding states
[editline]26th July 2014[/editline]
they're just going to add a licensing system anyways
[QUOTE=onebit;45510736]People want peace, yet demand the means of war.[/QUOTE]
Wow you are so enlightened.
[QUOTE=onebit;45510736]People want peace, yet demand the means of war.[/QUOTE]
Only a matter of time that a rebellion will rise in America, yes?
Why on earth would you carry a gun in public in the first place?
[QUOTE=Jodern;45510773]Why on earth would you carry a gun in public in the first place?[/QUOTE]
I understand concealed carry, but openly carrying an assault rifle, is idiotic.
If someone were to bust in and shoot it up, you'd be their main target to start off with. Then they can just use your gun to kill more.
Fucked up way of thinking about it, but I wouldn't be surprised if it could happen.
[QUOTE=onebit;45510736]People want peace, yet demand the means of war.[/QUOTE]
Peace is an admirable goal but an unrealistic one. Its better to allow people to defend themselves from those who resort to violence than take away means of self defense in hopes that the police will arrive on time.
[QUOTE=Emperor Scorpious II;45510752]Only a matter of time that a rebellion will rise in America, yes?[/QUOTE]
Well according to Jefferson one should have sprung up in 1803 and every 20 years or so after that which means America is due for it's 12th Revolution in 2023. Oh boy I can't wait to see what this next one's about.
I love how gun control is consistently the [I]one[/I] topic nobody in this forum can agree on.
LGBT Rights, Cannabis Legalization, Religion--almost everyone maintains and agrees with the same liberal, political-left stance on those things. But when gun control comes up--no matter how agreeable we are with one another most of the time, that topic will spark a shitstorm.
This is a weird place.
[editline]July 26th, 2014[/editline]
I love you guys.
snip
[QUOTE=onebit;45510808]Planes were unrealistic 300 years ago. Imagine where we could be in 300 years.[/QUOTE]
You're right, a lot is going to change in 300 years, but unless you're advocating the mass drugging of humanity to suppress aggression than I doubt anything in that regard is going to change. You're always going to have some asshole shoot, rape, cheat, assault or otherwise harm another human being. There is always going to be a finite amount of resources and eventually that limit is going to be reached and some human is going to get the idea to attack the other to prolong their own survival.
To survive is one of major tenets of life in general, that involves killing or fighting at some point.
-snip-
I wasn't reading with the needed attention to contribute to this topic, move along.
[QUOTE=Sableye;45510621]great, last thing i need is [I]more[/I] people carrying long riffles to a mcdonalds[/QUOTE]
[quote]In light of Heller, McDonald, and their progeny, 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 [b]handguns[/b] outside the home is constitutional under any level of scrutiny. Therefore, the Court finds that the District of Columbia’s complete ban on the carrying of [b]handguns[/b] in public is unconstitutional. Accordingly . . .[/quote]
[QUOTE=ilikecorn;45510876]Except this has nothing to do with open carrying a rifle. It has to do with legal concealed carry of a hand gun. Which up until a little bit ago, was illegal.[/QUOTE]
Actually me as a non-american who shouldn't even be involved in this topic thinks, that carrying a hand gun concealed as a means of protection a good idea.
But then again, I would like to have stricter controls over who's allowed to carry a pistol concealed.
[QUOTE=DMGaina;45510868]And that's why it's okay to openly carry around a pistol or rifle in public places and scare other people?[/QUOTE]
I don't think you understand D.C.'s gunlaws. Their gunlaw is essentially, if your gun is not inside your home you will be arrested for it. Doesn't matter if its concealed or open carried. You will be arrested if they catch you with a gun.
[QUOTE=ilikecorn;45510814]When guns are a privilege, they are a privilege for the rich and famous, not for the common man, this is ESPECIALLY true in the US.
Remember, in California, fully automatic weapons are straight up banned.. unless you're an actor named Arnold Schwarzenegger, and have enough money to pay your way to ownership. Remember, CCW's weren't being given out to anyone except armed guards for armored cars.. yet somehow Dianne fienstien had a CCW...
It's amazing what money can do, it can even override legislation.[/QUOTE]
It's because America is a Plutocracy.
[QUOTE=ilikecorn;45510902]Most states already require a class before you can carry (that you have to pay for), and background checks. How much more strict should it get?[/QUOTE]
Have different gun licenses for different cases, giving everyone rights to get what they actually want and need and no extras on top that allows them to act irresponsible.
Class A Licence - You are allowed to own X handguns.
Class B Licence - You are allowed to own X handguns and Rifles.
Class C License - You are a weapons collector and are allowed to buy as many guns as you like
Class D Licence - You are allowed to own X handguns and Rifles and may carry them around unconsealed.
Class E License - You are allowed to carry around a weapon consealed because: feel that your life might be in danger / you need the pistol as extra weight on your hips / enter a good reason
Class F License - Automatic Shotguns and HE shells... etc.
Checks on the mental stability of the gun owner every 2 years.
They have to renew their licence from time to time.
Something like that...
Not only the gun carrying the weapon has to feel safe, the others should feel safe aswell.
[QUOTE=darkrei9n;45510931]I don't think you understand D.C.'s gunlaws. Their gunlaw is essentially, if your gun is not inside your home you will be arrested for it. Doesn't matter if its concealed or open carried. You will be arrested if they catch you with a gun.[/QUOTE]
Aware of that now, thanks. : )
how fucked up must an area be where you should carry a gun?
[QUOTE=CAPT Opp4;45510813]I love how gun control is consistently the [I]one[/I] topic nobody in this forum can agree on.
LGBT Rights, Cannabis Legalization, Religion--almost everyone maintains and agrees with the same liberal, political-left stance on those things. But when gun control comes up--no matter how agreeable we are with one another most of the time, that topic will spark a shitstorm.
This is a weird place.
[editline]July 26th, 2014[/editline]
I love you guys.[/QUOTE]
Because quite a lot of us here live in places which don't have (relatively) easy access to guns, and don't have several (or any) school shootings every year. While guns are a normal part of life to anyone who lives in the US. Most of the support for gun rights here comes from US Facepunchers, and most members here who are against gun rights aren't from the US.
[QUOTE=DMGaina;45510987]Have different gun licenses for different cases, giving everyone rights to get what they actually want and need and no extras on top that allows them to act irresponsible.
Class A Licence - You are allowed to own X handguns.
Class B Licence - You are allowed to own X handguns and Rifles.
Class C License - You are a weapons collector and are allowed to buy as many guns as you like
Class D Licence - You are allowed to own X handguns and Rifles and may carry them around unconsealed.
Class E License - You are allowed to carry around a weapon consealed because: feel that your life might be in danger / you need the pistol as extra weight on your hips / enter a good reason
Class F License - Automatic Shotguns and HE shells... etc.
Checks on the mental stability of the gun owner every 2 years.
They have to renew their licence from time to time.
Something like that...
Not only the gun carrying the weapon has to feel safe, the others should feel safe aswell.
Aware of that now, thanks. : )[/QUOTE]
You could probably fight any of those restricting the number of guns you can own, I don't think theres any precedent in the US for banning how much of something you can own. As for differing types of weapons you could probably fight as a violation of the second amendment. If you're able bodied enough for it to apply to you why would you be unable to own a rifle but have a hand gun?
[editline]26th July 2014[/editline]
Also where would these license be implemented? Federal level or state level? State level runs into the issue that exists now, where there are states that refuse to recognize out of state weapon permits. If it were federal you would run into the risk of states suing and tearing it apart because they feel the federal government is overstepping itself.
how stupid must you be to think banning carry will do anything at all to stop crime?
wonder how that dc handgun ban worked out for the city
[QUOTE=DMGaina;45510987]Have different gun licenses for different cases, giving everyone rights to get what they actually want and need and no extras on top that allows them to act irresponsible.
Class A Licence - You are allowed to own X handguns.
Class B Licence - You are allowed to own X handguns and Rifles.
Class C License - You are a weapons collector and are allowed to buy as many guns as you like
Class D Licence - You are allowed to own X handguns and Rifles and may carry them around unconsealed.
Class E License - You are allowed to carry around a weapon consealed because: feel that your life might be in danger / you need the pistol as extra weight on your hips / enter a good reason
Class F License - Automatic Shotguns and HE shells... etc.
Checks on the mental stability of the gun owner every 2 years.
They have to renew their licence from time to time.
Something like that...
Not only the gun carrying the weapon has to feel safe, the others should feel safe aswell.
Aware of that now, thanks. : )[/QUOTE]
Then some gang banger comes along and shoots up your neighbor with a full auto AK while he breaks into his house and the poor guy only had a class A license.
wah wah wah
[QUOTE=Rofl_copter;45511105]how stupid must you be to think banning carry will do anything at all to stop crime?
wonder how that dc handgun ban worked out for the city[/QUOTE]
Horribly. It has a higher homicide rate than Baltimore, although that statistic is skewed a tad.
[QUOTE=Rofl_copter;45511105]how stupid must you be to think banning carry will do anything at all to stop crime?
wonder how that dc handgun ban worked out for the city[/QUOTE]
Bans on open carry only serve the people who are afraid of seeing people walking around with guns, that's it.
Your basic rights should come before that.
[QUOTE=ilikecorn;45511141]Welcome to the US "theory of gun control". Where everything is based upon the argument "but muh childrun", not common sense, the word "license" is a fancy way of saying "pay us to deny you", and the word "assault rifle" is thrown around after every crime.[/QUOTE]
I think Joe Rogan summed it up best when he said we have a mental health problem disguised as a gun problem and a tyranny problem disguised as a security problem.
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