Tuesday, March 18, 2008

Caught the tail end of oral argument in the case of Dick Anthony Heller vs. District of Columbia.

Here is the gist of the D.C. ban:

  • First, D.C. Code § 7-2502.01(a) generally makes it unlawful for any person to possess an unregistered firearm within the District.


  • Second, D.C. Code § 7-2502.02(a)(4), which was enacted by the D.C. City Council in 1976, generally bars the registration of any “[p]istol,” which is defined as “any firearm originally designed to be fired by use of a single hand.”


  • Third, D.C. Code § 22-4504 prohibits carrying a pistol without a license.


  • Fourth, D.C. Code § 7-2507.02 requires that all lawfully owned firearms—both pistols and long guns—must be kept “unloaded and disassembled or bound by a trigger lock or similar device unless [the] firearm is kept at [the registrant’s]
    place of business.”


  • Number 1 & 2 basically bans ownership of hand gun.

    Number 3 limits to security & law enforcement personnels only.

    Number 4 is the most grievous of all. What used is it if you are under tremendous distress, imminently fear for your life and limbs, and for the life of you cannot remove the trigger log, or for heaven's sake, be able to assemble and load your gun in the dark.

    What's interesting is the argument by the proponent of the ban, now they want to leave it in the hand of the legislature(s) instead of the court(s) to make law. It's also interesting to note what the chief counsel for the District of Columbia had to say: "the law is reasonable regardless of constitutional right." Now that's scary! What happens to the protection of minority? Is this now mob rule? The majority can pass whatever reasonable legislation without regard to the minority? Remember the words of Benjamin Franklin said, we are given a constitutional republic if we can keep it.

    What puzzled me is the fact that the counsels for Dick Heller kept stressing the fact that the right to keep handgun at home. Heck, I have a constitutional right to self defense, subject to reasonable regulation such as federal building, secure area at the airports, ..., places where I can be sure no one has gun. If I go down to Oak Cliff, you betcha I want my concealed carry piece on my person because there is no cop to cordon off the entire area around me at all times to make sure no one else has a gun either. And for small guy like me, a six foot five three hundred pounds guy can do me serious harm even without a gun so I still need some means of self defense that is immediately available to me unless I have a bodyguard with me at all times.

    Sure, if you ask all the cops, every one of them would agree that if nobody else has a gun, their job would be so much safer. But reality is that you cannot prove a negative, ie. it is not possible to guarantee that no one else possesses a gun. Do the criminals care to obey the ban, you betcha not.

    Congress already has put plenty of law in the book, let's strictly enforce those:

  • The most frequently applied provision generally prohibits the possession of firearms by any person “who has been convicted in any court of[] a crime punishable by imprisonment for a term exceeding one year.” 18 U.S.C. 922(g)(1).
  • : this is already ridiculous, what if it's non-violent crime, like tax evasion?

  • Section 922(g) also generally prohibits the possession of firearms by fugitives from justice; unlawful users of controlled substances; persons who have been adjudicated as mental defectives or committed to mental institutions; aliens illegally present within the United States; persons dishonorably discharged from
    the armed forces; persons who have renounced their United States citizenship; persons subject to restraining orders that include a finding that the individual is a credible threat to the physical safety of an intimate partner or child; and persons convicted of misdemeanor crimes of domestic violence (unless such convictions
    have been expunged, etc.). 18 U.S.C. 922(g)(2)-(9).


  • In addition, Congress has prohibited the private possession of firearms at particular locations. See, e.g., 18 U.S.C. 930 (2000 & Supp. V 2005) (federal government facilities); 40 U.S.C. 5104(e)(1)(A) (Supp. IV 2004) (Capitol Grounds and Capitol Buildings); 49 U.S.C. 46505(b)(1) (“concealed dangerous weapon” “when on, or attempting to get on, an aircraft”).
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