Heller Decision follow up

M

mellow_c

New member
I read this, and felt the need to copy paste it to the forum

Gun Rights Alert
The repercussions of the Heller Decision get even worse
I hate to say I told you so, but gun owners worst nightmares are coming true. Already, anti-gunners are using the Heller Decision to restrict the rights of gun owners.

The irony is that the first victim of the Heller Decision is Dick Heller himself.

In addition to the District of Columbia's excessive and restrictive new rules for gun ownership, they have continued to ban certain types of handguns. Dick Heller, the plaintiff from the SupremeCourt case that bears his name, had his application for a handgun permit declined.

D.C.'s anti-gun Mayor Adrian Fenty believes that Heller's .45 ACP pistol is no different than a machine gun, since it is loaded by a magazine. D.C. bans even legal machine guns, so they believe it is perfectly reasonable to also ban pistols that are magazine-fed.

How could this happen after the Supreme Court ruled that the Second Amendment is an individual right?

It's simple really: the Supreme Court left the door wide open to every inane gun control scheme liberals can think up.

We've already seen that D.C. is using the ruling as justification for a lengthy and outrageous list of gun control regulations. D.C.'s post-Heller firearms regulations are so onerous as to make it virtually impossible to obtain a permit, and if you're lucky enough to receive Big Brother's permission to keep a handgun in your home, it must remain under lock-and-key until after your home has been invaded.

It won't be long before other cities and states follow D.C.'s example and use the Heller Decision to justify more gun control regulations by pushing exhaustive and prohibitive list of regulations and restrictions on gun ownership.

Gun owners should expect to see more proposals for more gun control measures like:

* Gun Licensing & Registration
* Mandatory run tests

* Gun Rationing

* Lock-up-your-safety requirements


Clearly, the Supreme Court's Decision has done little to improve the rights of Dick Heller, since even after his lawsuit, he still can't register his 45 pistol.

And what many gun owners are soon to find out is that the Heller decision has done little to defend their rights as well.
 
All I can say is i'm glad I live in Texas. Personally, if I were Mr. Heller, i'd move to a free state as DC is a just a worthless cesspool

What I find disgusting is the definition of "machine gun" - an automatic gun, usually mounted and with a cooling apparatus, firing a rapid and continuous stream of bullets. rapid and continuous...anyone ever watched Jerry Miculik set a record with a revolver? (rhetorical) I'd say that was rapid and continous too, better ban those as machine guns! It's simple though, automatic...one squeeze/hold of the bang switch and it goes until empty. semi-auto...one squeeze/hold, one bang.
 
Mellow,

I think you are reading way too much into this. All that is going on in DC is the city government pulling every trick and delay tactic to get around loosing a case at the Supreme Court. They will continue to loose on this issue in court. I think the reason why they are fighting a loosing battle is to put off as long as they can, the day when they will be exposed with blood on their hands. They promoted the lie that citizens would be safer if forcibly disarmed. How many people's death's are these politicains responsible for? When the law abiding people of DC start keeping guns for protection, the crime rates will fall and the politicians will be exposed for what they are and have to find real jobs.
 
Gun owners should expect to see more proposals for more gun control measures like:

* Gun Licensing & Registration
* Mandatory run tests

* Gun Rationing

* Lock-up-your-safety requirements
Click to expand...

Yeah, they've never once tried passing that sort of thing before. Our fights on this front will be completely new. :rolleyes:

Folks, we've fought against these things before. All they have now is that the SCOTUS left the door open for them, whereas before the door was open to ANY kind of anti-gun law, up to and including full-up bans. It wasn't that they never could have passed these things before, it was that they tried bigger targets. Now this is all they can go for, and if we remain vigilant, they will be every bit as successful as they were before.
 
Lock-up-your-safety requirements
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Those restrictions were addressed specifically by Judge Scalia. In his write up, he directly talks about how requiring a firearm to be locked or unassembled prevents it from being readily available in the need for self defense.

Heller's .45 ACP pistol is no different than a machine gun, since it is loaded by a magazine.
Click to expand...

Cities, counties, etc will try to enact laws like this just to see what sticks. Didn't Scalia protects our rights here (IMHO) by stating the only type of weapons subject to "reasonable restrictions" were unusual or uncommon types of arms? You ask me, a semi automatic Colt .45 is not unusual.

Gun Licensing & Registration
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Baby steps bro, baby steps. Before this decision, we were teetering on the edge of a cliff as a culture. Heller VS DC gives us a firm concrete pad to stand on. It doesn't automatically pave the way to easy street, but we can now firmly stand against unjust laws and challenge them right back as they think of these insane restrictions.

Example: In Nevada, you must qualify with weapons you want to CCW. Revolvers are generic: shoot one, carry any of them. Semi autos require qualification with each model and that model must be listed on permit (no SN required). Even with this landmark case "allowing" registrations, our elected officials friendly to the cause are preparing bills that will allow a generic semi auto clause into the CCW statutes. Still think we're going backwards?


Heller does not end our fights. Not by a long shot. If anyone thought that originally, then you didn't read far enough into the 150 some odd page write up on the case. The seas have calmed, but we are not yet into smooth sailing. Keep up the fights, support your local pro-gun organizations, and prepare to repel boarders.
 
If you believe this trash, you really don't get it.

The next battle is going to be the level of review for laws that affect firearm ownership. Depending on how that ruling goes, and, from Scalia's opinion, it looks like they will use strict scrutiny, then all gun laws must serve a compelling government need, and, that means they are all going to come down slowly.

Gun laws have had a two fold attack, state and federal. Heller pretty much puts both on notice that the 2A is now on a par with the 1A right to free speech. If we get the strict scrutiny standard, our hated, 9% approval rated legal eagles will have to turn their writing skills to laws that won't be overturned by the court system.

When's the last time you saw a 1A law passed?
 
Everyone who actually read the SCOTUS decision saw that Heller wasn't a wide sweeping win. Heller simply allows that the 2nd Amendment is an individual right, no more and no less.

I don't see that Heller gave anyone additional powers to restrict guns than already exist. I'll be the first to admit that now that the anti's have to look at other ways to ban guns, they will certainly do so. With that said, they already have been looking for other ways to ban gun ownership long before Heller. Microstamping, gun purchase restrictions, ammo serialization, lead bans, biometric guns and other schemes that I'm sure I've missed. The only reason the antis are pushing these agendas is to increase the cost of guns and ammo, making it difficult for both gun buyers and gun makers to survive. There is more than one way to ban a gun. After all, a gun without ammo is a brick.

Bottom line is Heller didn't open the door, the door was already there. We as gun owners need to continue the fight. Any one who believed that Heller was a savior for gun ownership didn't bother to even read the decision.
 
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Bottom line is Heller didn't open the door, the door was already there.
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+100

Heller was vary carefully constructed to obtain the single biggest second amendment ruling that has come down.

The second amendment is an individual right.

The fight is far from over, but simply denying firearms is out the window.

The antis are on the defensive now.

We need to keep them that way.

Did DC pull some more shenanigans?
Yes.
They changed the registration rules.
Heller did NOT bring his revolver to the police station as the new rules required.

He probably could have started another challenge, but i would not second guess his attorneys in having him comply with the new laws.

They have hinted they may challenge the refusal of his 1911 for registration, but probably need to figure out a good way to construct the case.
Spending a lot of effort on a law set to expire is not fruitful.
 
Heller was vary carefully constructed to obtain the single biggest second amendment ruling that has come down.

The second amendment is an individual right.

The fight is far from over, but simply denying firearms is out the window.
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EXACTLY.

I have seen more and more trash come out from supposed 2A supporters claiming Heller was really a loss and other such nonsense. They obviously do not understand how the SCOTUS operates and what the goal of the case was. They also do not understand the importance of simply getting the 2A affirmed in no uncertain terms as an individual right.
 
There is a judicial principal that a court should only consider issues brought forth by the parties in the case. All Dick Heller asked to do was be able to register a handgun and keep it in his house for protection. He did not challenge the city's registration requirement or ask to carry his gun outside his house. Those challenges will come later. The important part is now the courts must view the 2A as an individual right unconnected to service in an organized militia.

Anyone notice that when the court said the right may be subject to certain regulation, they mentioned "concealed carry" and not open carry? There will be more cases to come.
 
It is too bad that the police don't have to abide by the same laws. If they did, the politicians would have a hard time passing these silly laws.
 
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