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View Full Version : D.C. Vote: This Is About Safety, Not the 2nd Amendment


aileron
03-23-2009, 06:51 AM
I like the comment about if they find someone with a gun they wont be able to do anything because he's in possession of an unregistered gun. Most criminals are felons with long rap sheets... LOL!

http://www.washingtonpost.com/wp-dyn/content/article/2009/03/21/AR2009032101843.html


By PHIL MENDELSON
Washington
Sunday, March 22, 2009; Page C07

The National Rifle Association has congratulated Sen. John Ensign (R-Nev.) for "restoring the Second Amendment freedom" to D.C. residents with his amendment to the D.C. Voting Rights Act. Ensign's amendment would repeal most of the District's gun control law, which was revised in response to the Supreme Court decision in District of Columbia v. Heller.

Make no mistake, Ensign and the NRA want to substitute their own view of the Constitution for that of the Supreme Court. They insist that registration in any form is an unreasonable burden on the Second Amendment, so they would strike down our registration law wholesale.

Justice Antonin Scalia, writing for the court, didn't see it that way. When the Supreme Court ordered the District to permit Dick Heller to register his handgun, the court not only struck down our ban on pistols, but it also upheld the constituionality of gun registration.

Why does the District want to register firearms so badly? Chances are, when an unregistered gun is seized by police, they have encountered a criminal, not an otherwise law-abiding citizen. Being able to charge that individual with possession of an unregistered firearm is an important crime-fighting tool. It might even get a gang member off the street before something worse happens.

D.C. Police Chief Cathy L. Lanier summed it up when she testified last year on a House version of the Ensign amendment: "In my professional opinion, if H.R. 6691 were passed, it would be far more difficult for . . . [the Metropolitan Police Department] and federal law enforcement agencies in the District of Columbia to ensure safety and security in the Nation's Capital."

As a dense urban area, Washington has a far different experience and history with guns than suburban and rural America. But Lanier was referring to more: daily movements of the president and vice president around the city, a workplace for 535 members of Congress, a destination for more than 400 foreign dignitaries making official visits each year, and a stage for national demonstrations and quadrennial presidential inaugurations. This makes the District an unusually symbolic -- and attractive -- target for violent behavior.

Congress would repeal our law that prohibits firearms purchases by people who have a history of violent behavior or who have committed domestic violence. It would require us to permit possession of assault-style weapons.

Repealing our gun law, and further repealing the District's local legislative authority, would have repercussions for public safety. It would be harder to arrest chronic criminals, because police would no longer be able to charge them with possessing unregistered weapons. It would be harder for police to trace guns used in crimes, because there would be no registration system. It would be harder for Lanier to be proactive about gun violence, because federal law only records gun information such as ballistics after a crime has occurred.

Ironically, it's a Republican principle to respect states' rights and to leave local governance to the locals. The Supreme Court in Heller struck a balance between the right of individuals to protect themselves and the right of individuals to be protected. If we so limit gun control as to favor individuals to protect themselves, but then disadvantage the right of individuals to be protected by the police, what will we have gained for the public good?

I hope that members of Congress will put aside the Second Amendment rhetoric. Thirty-seven senators, including Ensign, voted against their own amendment when they voted against the final bill. Listen to Chief Lanier and others in law enforcement. Put public safety first and reject the Senate's amendment.

The writer is an at-large member of the D.C. Council and chairman of the council's Committee on Public Safety & the Judiciary.

tiki
03-23-2009, 07:49 AM
If we so limit gun control as to favor individuals to protect themselves, but then disadvantage the right of individuals to be protected by the police, what will we have gained for the public good?


I thought the police have no legal requirement to protect individuals. Maybe the author should go do some research before spewing uninformed garbage.

dixieD
03-23-2009, 08:16 AM
Why does the District want to register firearms so badly? Chances are, when an unregistered gun is seized by police, they have encountered a criminal, not an otherwise law-abiding citizen. Being able to charge that individual with possession of an unregistered firearm is an important crime-fighting tool.

Whatever happened to charging the individual for the crime that lead to contact and the PC to conduct a search?

If they are a gang member or an individual with prior felonies mere possession of a firearm is enough.

The lack of respect for the 2nd and 4th amendments is shocking.

nobody_special
03-23-2009, 08:26 AM
Justice Antonin Scalia, writing for the court, didn't see it that way. When the Supreme Court ordered the District to permit Dick Heller to register his handgun, the court not only struck down our ban on pistols, but it also upheld the constituionality of gun registration.

I don't believe the Court even addressed the constitutionality of registration...

wash
03-23-2009, 08:27 AM
Are gangs attacking the president or senators?

I haven't heard of that, but I do know that politicians are well protected. So, who is this gang violence effecting?

It's clear that the anti's like their subjects to be unarmed but they couldn't care less about their safety.

vrand
03-23-2009, 08:55 AM
I thought the police have no legal requirement to protect individuals. Maybe the author should go do some research before spewing uninformed garbage.

That would require learning/using the thinking process :thumbsup:

DDT
03-23-2009, 11:44 AM
I don't believe the Court even addressed the constitutionality of registration...

I believe that Scalia's opinion talks about limits such as restricting access to felons and requiring registration as being acceptable limits.

nobody_special
03-23-2009, 11:59 AM
I believe that Scalia's opinion talks about limits such as restricting access to felons and requiring registration as being acceptable limits.

I suggest you look again; Scalia wrote nothing of the sort regarding registration.

Dr Rockso
03-23-2009, 12:07 PM
Registration was not argued in Heller. Even if it was brought up at some point as a hypothetical 'acceptable' regulation that does not constitute SCOTUS upholding it.

DDT
03-23-2009, 12:49 PM
I suggest you look again; Scalia wrote nothing of the sort regarding registration.

I suggest you look again. The courts remedy in deciding Heller was to force the District to REGISTER the plaintiff's gun. Does this sound like they "addressed the constitutionality of registration" to you?

CSDGuy
03-23-2009, 01:29 PM
Constitutionality of gun registration wasn't actually the issue. Ownership/possession was. If you can't possess the firearm, registration is moot. The remedy was to force DC to recognize that the plaintiff can possess handguns in his home. DC has a registration requirement to be able to possess a firearm/handgun inside the District limits, therefore DC was compelled to therefore allow the plaintiff to register his pistols. They didn't touch the registration requirements any further than that. Had the registration requirement been challenged as unconstitutional in this case, it would have been specifically and concretely ruled on. I imagine that the strategy was to get SCOTUS to rule on a relatively pure 2A issue and then tackle the other issues later.

AaronHorrocks
03-23-2009, 01:42 PM
It would require us to permit possession of assault-style weapons.

This is the part that gets to me the most. It's not something that can be permit'ed... It's a right. Either you embrace it/realize it or you restrict it/violate it. You can't get a "permit" to a right.

N6ATF
03-23-2009, 01:49 PM
Funny, the 2A is about safety. Infringing on it=less safety.

Mulay El Raisuli
03-24-2009, 07:33 AM
"It would be harder for Lanier to be proactive about gun violence, because federal law only records gun information such as ballistics after a crime has occurred."


"Proactive"? Doesn't that mean putting people in jail before they commit a crime? Or is Mr. Mendelson thinking about the multi-million $$$$$ boondoggle (ballistics registration) that MD foisted on its taxpayers?


"If we so limit gun control as to favor individuals to protect themselves, but then disadvantage the right of individuals to be protected by the police, what will we have gained for the public good?"


The answer here? Quite a bit, actually, since the cops cannot "protect" anyone anyway.

The Raisuli

nicki
03-25-2009, 05:23 AM
They didn't touch the registration requirements any further than that. Had the registration requirement been challenged as unconstitutional in this case, it would have been specifically and concretely ruled on. I imagine that the strategy was to get SCOTUS to rule on a relatively pure 2A issue and then tackle the other issues later.


Alan Guru spoke and took questions at the 2007 SAF GRPC on the Heller case and at the time they limited the plan was to run a very narrow case because the core of the "Heller Case" that they wanted to get was is the second amendment a "individual right".

The reality is we got far more out of Heller than was asked for in the original case.

Dick Heller was not asking to the court to rule on the constitutionality of the registration, just the ban on handguns and fuctional arms inside the home.

Nicki

N6ATF
03-25-2009, 12:37 PM
Alan Guru Gura the guru

Fixed. :cool:

hoffmang
03-25-2009, 12:39 PM
Don't underestimate the impact the DC Handgun Roster case has on DC being willing to accept being stripped of the ability to pass gun laws.

-Gene

Hopi
03-25-2009, 12:41 PM
Don't underestimate the impact the DC Handgun Roster case has on DC being willing to accept being stripped of the ability to pass gun laws.

-Gene

It seems like somebody needs to get Allison on the phone so they can review what not to do going forward.

hvengel
03-25-2009, 07:48 PM
Constitutionality of gun registration wasn't actually the issue. Ownership/possession was. If you can't possess the firearm, registration is moot. The remedy was to force DC to recognize that the plaintiff can possess handguns in his home. DC has a registration requirement to be able to possess a firearm/handgun inside the District limits, therefore DC was compelled to therefore allow the plaintiff to register his pistols. They didn't touch the registration requirements any further than that. Had the registration requirement been challenged as unconstitutional in this case, it would have been specifically and concretely ruled on. I imagine that the strategy was to get SCOTUS to rule on a relatively pure 2A issue and then tackle the other issues later.

In fact if you read this part of the ruling carefully you will see that it strongly hints that registration may not pass constitutional muster. But it also says very clearly that the ruling does not speak to the issue of the constitutionality of registration and that it leaves the issue to be decided later.

hoffmang
03-26-2009, 12:33 AM
It seems like somebody needs to get Allison on the phone so they can review what not to do going forward.

:whistling:

-Gene

The Wingnut
03-26-2009, 12:51 AM
The author's entire mindset can me summed up in the article's title: 'DC's Rights to Regulate Guns'.

The District of Columbia does not have the RIGHT to regulate firearms. The District of Columbia, as a government entity, possesses no rights at all. It is the District's citizens that possess rights, and those rights are being infringed.

Nowhere in any of the nation's framing documents is any right of the citizen to protection by government agencies expressed, nor is any obligation by government agencies to protect the citizen mandated.

This article is rife with errors and flawed judgment.

BillCA
03-26-2009, 01:12 AM
It would be harder to arrest chronic criminals, because police would no longer be able to charge them with possessing unregistered weapons.

The duplicity and/or ignorance of liberal cornholes like Phil Mendelson is appalling. If he spent any time at all learning what police do on a daily basis he couldn't make this statement.

I recently resurrected an old police scanner and have been listening to it. Police contacts with individuals typically involve the PD "running the suspect" for a wants & warrants check and that often brings back parole status and limitations.

Some nimrod carrying a gun on D.C. streets with a prior felony record does not pass "Go" nor collect $200. If he is on parole or the subject of any restraining order, same thing - a black & white taxi ride to the graybar hotel.

Being able to charge that individual with possession of an unregistered firearm is an important crime-fighting tool.
Any more I get into a teeth-gnashing mode when I hear someone spout off that some anti-gun law is needed as "an important crime-fighting tool". How many laws have been passed with this excuse? If I had a tool for every law like this, I would own Snap-On Tool company!

If the police can't do their jobs with all of the tools we've given them, how in the hell has any law been enforced? I'm in the "no more tools" for law enforcement unless they can be proven to actually solve crimes.

Not prevent, but solve. My theory is that if it's harder to get away with a crime, fewer people will think it's worth committing the crime in the first place and crime will go down.