Appeals court upholds DC gun restrictions

[xchrom]

http://hosted.ap.org/dynamic/stories/U/US_DISTRICT_GUNS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2011-10-04-12-37-30

WASHINGTON (AP) -- The District of Columbia can bar residents from owning assault weapons and require them to register their handguns without violating the Second Amendment, but the district must explain further why its numerous handgun registration requirements are necessary, a federal appeals court ruled Tuesday.

A divided three-judge panel of the U.S. Court of Appeals did not strike down any of the district's gun laws, which were approved after a landmark 2008 Supreme Court decision that struck down a 32-year-old handgun ban in the nation's capital.

The court held that the district's ban on assault weapons and magazines containing more than 10 rounds of ammunition were constitutional. It also held that requiring registration of handguns is a deeply rooted practice that does not violate the Second Amendment.

"The basic requirement to register a handgun is longstanding in American law, accepted for a century in diverse states and cities and now applicable to more than one fourth of the nation by population," the judges wrote.

[ileus]

1. This is why we have to keep working to promote freedom everyday.

skeet shooters shouldn't be deciding if people should be allowed self defense rights.

[xchrom]

2. i agree w/ the ruling. nt

[gejohnston]

5. what is an "assault weapon"?

it is not a technical term, unless you are talking about military rocket launchers and tanks. Why do you support their registration scheme over a simple one used in other jurisdictions?

[SteveM]

7. If you seek to control/ban something, know what that something is...

What is an "assault weapon?"

Please give us some general parameters, distinguishing the type from other guns in terms of action and appearance; provide as well a comparison between "assault weapon" on the one hand, and "assault rifle" on the other. You may use the terms and definitions armorers and military weapons experts employ. Such social benefits (reduction in "gun crime") from such a ban may be dealt with, and should be accompanied by relevant data.

[dtexdem]

14. There is simply no common ground on this.

You and I are simply enemies. That is all there is to it.

[Hoopla Phil]

18. History is full of people that thought curtailing civil liberties was a good

idea. Fortunately we have a constitution that keeps such curtailing of civil rights in check.

[Hoopla Phil]

21. It is refreshing when those that support draconian gun control laws

are honest with their views

"There is simply no common ground on this.

You and I are simply enemies. That is all there is to it."

And yet it is always those that push for gun control that claim pro 2A folks are "unreasonable". Very refreshing indeed.

[friendly_iconoclast]

33. Be sure to quote that post whenever appropriate.

I certainly will...

[Hoopla Phil]

40. Already have.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=118&topic_id=466057&mesg_id=466217

Every once in a while the anti's will let their true agenda and feelings on gun control out. It's very important to remember it when they do.

[friendly_iconoclast]

31. You explicitly want culture war, eh? Expect no sympathy. Or quarter.

I can assure you your post will be remembered (and quoted) whenever one of you lot makes a plea for 'moderation' when you're
feeling the political heat.

Not only are we a malevolently well informed bunch, we have loong memories..

[petronius]

3. I would like to have seen a stronger smack-down of the "novel" requirements, since it's

pretty obvious that DC is merely attempting to create arbitrary and unreasonable barriers, but perhaps the court can get around to that the next time this cycles up the ladder...

[AtheistCrusader]

4. Oh boy, the assault weapon canard.

Where any weapon that looks scary enough can be banned, while allowing identical functionality weapons to remain on the street.

Dumbass bullshit.

[ileus]

6. killer clips....threaded barrels....dangerous stuff you know!

[MicaelS]

8. "The shoulder thing that goes up"! is the worst of all!!! n/t

[OneTenthofOnePercent]

9. Don;t forget about threaded bullets... even worse than heatseeking bullets. (n/t)

[MicaelS]

10. Smart (slow) bullets like in Runaway....

http://en.wikipedia.org/wiki/Runaway_%281984_film%29

http://www.technovelgy.com/ct/content.asp?Bnum=1037

[spin]

23. You mean like these?

2" Threaded bullets



Details
These weld on threaded bullet bungs are made of solid cold rolled steel and drilled and tapped to you thread choice. These are blind bungs (hole does not go all the way through) and are rounded with a full radius at opposite end. A few different length and diameters are available depending on thread size. Used commonly for the mounting of fenders. motor mounts, brake stays and all your other fabrication mounting needs.

2.0" Length
3/4" Diameter
Available in 1/4x20, 5/16x18, and 3/8x16 thread.
http://www.bungking.com/2-threaded-bullets.html

I would definitely hate to get hit by one of those traveling at 850 fps.

[Kennah]

35. Imagine how much worse it would be if ...

... you were hit by one at 850 fps that was attached to a motorcycle?

[spin]

38. True, I wouldn't want to get hit by a motorcycle traveling at around 600 mph ...

but that is highly unlikely.

[Atypical Liberal]

11. Supreme Court here we come again.

"The basic requirement to register a handgun is longstanding in American law, accepted for a century in diverse states and cities and now applicable to more than one fourth of the nation by population," the judges wrote.

At one time a sizable fraction of people in this country were quite accustomed to slavery, too. This is a ridiculous metric for deciding what is right.

This will be heading to the Supreme Court again.

[ileus]

12. true....

[DonP]

15. Another big ass legal bill for the taxpayers in DC

But Chicago already has their case before the circuit court so we have a head start on DC on this round, so wait in line.

What was the last legal bill Fenty and his buddies at the Brady group stuck the DC taxpayers with, $3.2 million in legal fees for Heller?

[Tuesday Afternoon]

22. be there with bells on!!

[beevul]

27. Well, lets look at this written the other way...

"...not applicable to nearly three fourths of the nation by population.

Where did DC buy this judge?

Unlike DC, nearly three fourths of the nation would be asking for a refund.

[dtexdem]

13. Thank goodness!

Now we need such sensible restrictions nationwide.

[DonP]

16. Yeah, right

That's really the way the tide has been running on this issue. Everyone wants more and more gun control. That's why concealed carry is the law in 49 states and gun control has lost pretty much every major court case for the last five years.

But feel free to celebrate that one courthouse in Wisconsin that banned guns.

[gejohnston]

17. define sensible

then come up with a sensible argument that is not riddled with logical fallacies, disinformation, or rants about penis size/regional bigotry. If you can do that, then we can talk.

[Hoopla Phil]

20. Remember, you are talking to the person that said: "There is simply no common ground on this"

And considers YOU an enemy.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=118&topic_id=466057&mesg_id=466133

[We_Have_A_Problem]

42. Uh - yeah...

Good luck with that.


You'd have a better chance pushing on a rope..

[Hoopla Phil]

19. What was it the Heller decision said about arms "in common use" again?

SCOTUS will smack this down big time.

[jeepnstein]

25. No kidding.

This is like tossing the Court a slow pitch right over the middle. They would be able to use a case like this to end bans and registration, if they so desire. Not knowing all the ins and outs of the case I can't say whether it's a good candidate for the Supreme Court, or if it's the one they want to have in front of them.

[Hoyt]

29. Gunners have widely misinterpreted Heller -- but what is new?

[DonP]

30. I forget, which law school do you teach at again?

Since pretty much every circuit court, law school and several new law textbooks disagree with you. But I'm sure your legal acumen will be appreciated by the peanut gallery at your local gun control club meetings.

We'll all be sure and give your legal opinions all the credit they truly deserve.

[Hoyt]

34. Got your DC permit yet? Bet not.

[friendly_iconoclast]

36. Why would a non-DC resident have a DC permit?

Really, Hoyt, you need to think before you post. Your posts would make more sense...

[DonP]

37. Why yes I do, it's right next to my Commando Cody Video Ranger badge

Are you a professional fool or do you just play one for fun?

[Hoopla Phil]

39. Are you saying that "in common use" is not one of the findings of Heller?

Or how about that the full auto M-16 was specifically mentioned as being particularly suited to militia service?

Have you even read the Heller decision?

[Lurks Often]

24. Have to wonder what

services won't get provided to the residents of DC because their elected officials are pissing away money in a court case that they will inevitably lose.

[DrDan]

26. K&R - Bravo!

[Hoyt]

28. Fortunately, the court shows wisdom far beyond that of those that covet guns.

[Logical]

32. I have no issue with registration! Not really paranoid about it.

[spin]

41. Do you have any problems with firearm confiscation?

It's far more difficult to confiscate firearms when they are not registered.

There is no firearm registration in Florida.

790.335 Prohibition of registration of firearms; electronic records.

(1) LEGISLATIVE FINDINGS AND INTENT.—
(a) The Legislature finds and declares that:
1. The right of individuals to keep and bear arms is guaranteed under both the Second Amendment to the United States Constitution and s. 8, Art. I of the State Constitution.
2. A list, record, or registry of legally owned firearms or law-abiding firearm owners is not a law enforcement tool and can become an instrument for profiling, harassing, or abusing law-abiding citizens based on their choice to own a firearm and exercise their Second Amendment right to keep and bear arms as guaranteed under the United States Constitution. Further, such a list, record, or registry has the potential to fall into the wrong hands and become a shopping list for thieves.
3. A list, record, or registry of legally owned firearms or law-abiding firearm owners is not a tool for fighting terrorism, but rather is an instrument that can be used as a means to profile innocent citizens and to harass and abuse American citizens based solely on their choice to own firearms and exercise their Second Amendment right to keep and bear arms as guaranteed under the United States Constitution.
4. Law-abiding firearm owners whose names have been illegally recorded in a list, record, or registry are entitled to redress.
http://www.flsenate.gov/Laws/Statutes/2010/790.335

The above sums up my feelings on the subject.