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View Full Version : Parker vs. DC; Fenty nears gun-appeal decision


aileron
07-11-2007, 12:36 PM
Wonder if he is going to chicken out. I hope not.

http://www.washingtontimes.com/apps/pbcs.dll/article?AID=/20070711/METRO/107110056/1004



Article published Jul 11, 2007
Fenty nears gun-appeal decision


July 11, 2007

By David C. Lipscomb - D.C. Mayor Adrian M. Fenty yesterday said he is close to a decision on whether city officials will appeal to the U.S. Supreme Court a federal court ruling that would repeal the District's 30-year-old handgun ban.

"We're planning to make that announcement within the next week," Mr. Fenty said yesterday. "We're still exploring all of our options."

The Supreme Court appeal must be filed within 90 days of May 8, the date a federal appeals panel of the U.S. Court of Appeals for the D.C. Circuit declined to reconsider its earlier ruling in the case.

That gives Fenty administration officials roughly until the end of the first week in August to file the appeal.

On March 9, a three-judge panel of the Court of Appeals ruled 2-1 to reverse a lower-court decision against six D.C. residents who sued to keep their guns for self-defense.

The ruling repealed much of the city's ban on handguns, but the ban has remained intact through the appeals process.

Metropolitan Police spokeswoman Traci Hughes said if the mayor does not appeal the ruling to the Supreme Court and the D.C. Council does not enact any legislation restricting the sale or use of handguns, residents can begin legally purchasing guns after the appeal period expires.

If the mayor does not appeal the ruling, the ban will expire while the council is in recess, which could delay the introduction of new legislation regulating the sale and use of handguns.

Mr. Fenty, a Democrat, made the remarks after an appearance on Capitol Hill with a handful of other big-city mayors for an initiative called Mayors Against Illegal Guns.

Mr. Fenty was among a dozen or so other mayors from across the country to speak out against the so-called "Tiahrt Amendment" named for its sponsor, Rep. Todd Tiahrt, Kansas Republican which restricts access to federal gun trace data.

Preliminary police statistics show that, as of yesterday, there were 619 robberies at gunpoint and 387 assaults with a gun in the District this year.

Piper
07-11-2007, 12:56 PM
Fenty and his crew are a bunch of zero's.

chiefcrash
07-11-2007, 12:58 PM
Preliminary police statistics show that, as of yesterday, there were 619 robberies at gunpoint and 387 assaults with a gun in the District this year.

those statistics MUST be wrong. After all, how could there be *ANY* crimes committed with a gun if guns are banned in DC?

:eyeroll:

xenophobe
07-11-2007, 1:06 PM
I get the feeling they will decline to file. :(

PanzerAce
07-11-2007, 1:13 PM
IIRC, wasn't the law only allowed to be kept on the books for a time so that the city could file an appeal?

E Pluribus Unum
07-11-2007, 2:05 PM
They may file just to buy more time to enact more legislation. If they file knowing full well that cert may not be granted or they may lose... the worst thing that happens is it buys them time to write more legislation tailored to work around the ruling. Otherwise if they do not file citizens will start buying guns come August when they are in recess. Any laws passed after the recess would require grandfathering those that already purchased the weapons.

Inoxmark
07-11-2007, 2:32 PM
They may file just to buy more time to enact more legislation. If they file knowing full well that cert may not be granted or they may lose... the worst thing that happens is it buys them time to write more legislation tailored to work around the ruling. Otherwise if they do not file citizens will start buying guns come August when they are in recess. Any laws passed after the recess would require grandfathering those that already purchased the weapons.Nobody can legally purchase any firearms without FFL. My understanding is that DC has none, and I bet they have pretty solid local laws to keep them from starting businesses there. This is far from over.

mblat
07-11-2007, 2:42 PM
Nobody can legally purchase any firearms without FFL. My understanding is that DC has none, and I bet they have pretty solid local laws to keep them from starting businesses there. This is far from over.

They can always go and buy guns in Virginia. At least I think so? I don't think it is a problem to buy a gun while out of state if it is legal for you in your own state to do so. Yes/No?

Piper
07-11-2007, 3:30 PM
But, since D.C. isn't a state, aren't the laws more like city ordinances?

hoffmang
07-11-2007, 3:44 PM
They're filing. Otherwise there will be a steady drumbeat of cases brought against Federal Gun laws in DC where the 2nd Amendment means what it says.

-Gene

CCWFacts
07-11-2007, 3:49 PM
They can always go and buy guns in Virginia. At least I think so? I don't think it is a problem to buy a gun while out of state if it is legal for you in your own state to do so. Yes/No?

NO THEY CAN'T! The GCA of '68 says you can only buy a handgun in your state of residence. I don't know how this applies in DC which is not a state, except that DC residents can't hop over to VA and buy a handgun there. I know that US citizens who live overseas (don't reside in any state) have difficulties with this. This restriction applies to handguns only. DC residents would be able to buy a long gun in any state I suppose.

DC residents who have C&R FFLs could easily buy C&R handguns from out of state. I guess a DC resident could make a handgun. But unless there is an FFL in DC who sells handguns, I don't see any mechanism for a DC resident to acquire a normal factory-made modern handgun.

Will the mayor appeal? I'm sure he doesn't want to, but if he doesn't, then the next case will be someone wanting to buy a M4, or someone wanting to open carry, and then they would pretty much have to fight that.

mblat
07-11-2007, 5:13 PM
NO THEY CAN'T! The GCA of '68 says you can only buy a handgun in your state of residence. I don't know how this applies in DC which is not a state, except that DC residents can't hop over to VA and buy a handgun there. I know that US citizens who live overseas (don't reside in any state) have difficulties with this. This restriction applies to handguns only. DC residents would be able to buy a long gun in any state I suppose.

DC residents who have C&R FFLs could easily buy C&R handguns from out of state. I guess a DC resident could make a handgun. But unless there is an FFL in DC who sells handguns, I don't see any mechanism for a DC resident to acquire a normal factory-made modern handgun.

Will the mayor appeal? I'm sure he doesn't want to, but if he doesn't, then the next case will be someone wanting to buy a M4, or someone wanting to open carry, and then they would pretty much have to fight that.

Ok, I guess they will have to make do with cz52 and russina nagants taht can be had for $80!!!!

Rob P.
07-11-2007, 6:17 PM
I believe that he is not going to appeal. If he does appeal then the outcome is in doubt AND if the appeal goes against the district there can't be any future fix via legislation to restrict handguns.

If he doesn't appeal, the current law goes away until the legislature writes a new law worded slightly different but still just as restrictive. Then, someone will have to sue to have that one overturned. At which point the process starts all over again.

A never ending stream of unconstitutional laws enacted knowing that the laws are unconstitutional but requiring the people to sue their government each and every time to get rid of them. An expensive and time wasting process geared to make people just give up and comply even if the law is unjust.

tiki
07-11-2007, 9:00 PM
I don't think they will appeal. The cost of losing is too much. Would I like to see an appeal? Hell yes!
But, I think that they are going to craft legislation to make it almost impossible to get guns there. If there are no firearms dealers there now, what's to make them all of a sudden allow them? I guess I have to agree that the stay of the ruling was to buy them time to get some laws passed real quick. I don't know what the process is for getting a law pased over there, but Bush and Cheny have shown that they have no regard for the law, why would Fenty or any other politician care?
If I lived there, I would rent an apartment or a room from someone over the state line. Then, as a resident of the other state, I would start shopping for all sorts of toys. Then, I would move back after a few months. :)
T.

Solidmch
07-11-2007, 9:06 PM
I get the feeling they will decline to file. :(

I think he will decline. He knows that the court is too conservative and I bet he is tire of getting his a#* kicked. I bet he will spin it by saying he is saving millions of dollars in attorney fees for the citizens of DC. They will have a march. Jesse Jackson will come and speak at Howard ( Where I went to College by the way. Talk about liberal...) about his new found antigun hobby. A couple of stupid gun laws will be passed. Then they will wait until the right time to pass a simular law and start the process over again..

Maybe im just a cynic.

E Pluribus Unum
07-11-2007, 9:23 PM
I think he will decline. He knows that the court is too conservative and I bet he is tire of getting his a#* kicked. I bet he will spin it by saying he is saving millions of dollars in attorney fees for the citizens of DC. They will have a march. Jesse Jackson will come and speak at Howard ( Where I went to College by the way. Talk about liberal...) about his new found antigun hobby. A couple of stupid gun laws will be passed. Then they will wait until the right time to pass a simular law and start the process over again..

Maybe im just a cynic.

It depends on what he will hold more important; what is best for DC, or what is best for the anti-gun movement.

If he sees far enough ahead and decides to do what is best for the anti-gun agenda then he will not file.

If he does not care about that or cares more about DC then he will file. At this point the worst (or best) that can happen for DC has happened; they lost. It will never get worse for him in DC and the ONLY way to win is to take the gamble and file. He may be asked by the antis not to file so that the "damage" can be localized to DC and hinder the spread elsewhere.

hoffmang
07-11-2007, 9:29 PM
His local political reality would take a hit for not appealing and he's a lamo politician. Path of least resistance means he appeals.

Also, they can pass all the unconstitutional laws they want. From now on they open themselves to money damages in that circuit as they know or should have known that the 2A is a right enforceable against DC. DC Circuit judges, bound by Parker will not be amused that DC is wasting their time.

-Gene

dicast
07-11-2007, 10:15 PM
If guns are ban in DC how could it be possible that crime involved with guns? Maybe criminals don't get a damn from the first place.

FreedomIsNotFree
07-11-2007, 10:31 PM
He will file.

If he doesn't he will be in trouble politically. He would be viewed as soft on guns..etc..etc. Its in his interest, politically, to file the appeal with great fan fair...then let the USSC do what they do.

If the high court upholds Parker then the ignoramus Mayor can claim its the doing of the far right court and escape blame. If the high court overturns Parker then he is looked at as a "hero" for the cause.

So its either look soft on guns and try to compose tough new gun laws that would be next to unenforceable, all the while taking the political hit...

Or, look tough on crime, deflect blame to others, avoiding the political hit.

EVERYTHING in politics is political! He will file.

hoffmang
07-11-2007, 10:33 PM
Free,

Thanks for explaining the political map for Fenty more accurately... I'm just tired...

-Gene

FreedomIsNotFree
07-11-2007, 10:34 PM
Free,

Thanks for explaining the political map for Fenty more accurately... I'm just tired...

-Gene

My pleasure...get some rest.:sleeping:

gunrun45
07-12-2007, 1:22 AM
I have an amusing story about DC.

I work part time for an independent contracting agency (that will remain nameless) that contracted with DC metro for an instructional class.

To legally ship ammo to DC metro PD we had to get a special permit and deliver it to a described LE official.

When we got there we were put up in a very nice room in a well known hotel near the "mall" in DC. When we got to our room I took off my shoes and noticed a blood stain on teh carpet. I lifted the matress and found a blood stain on the underside of the matress and supporting box!! We were later told by management (after demanind another room) that a hooker was recently shot in the room and they didn't replace the matress after she was found :eek:

Later in teh week we went for a walk in the evening to find dinner near the "mall" close to our hotel. We were warned several times by officcers in our class to not venture out after dark or risk being victims of criminals in the area. While walking back from dinner we heard several shots in an alley that we later found out to be a mugging/ murder!!

I was only there for one week in 2000. It was a great city full of history and culture. Its also the ONE place in the US that I can't carry my sidearms as an off duty LEO... I'm not going back unarmed. I felt safer walking at night in the Baker district in down town San Francisco with the hookers, pimps, drug adicts and sex shops everywhere!

As far as I'm concerned DC should have a mandatory carry law untill crime goes down to a "normal" level. Its our nations capitol! It should be the brightest part of our entire nation and yet its instead someplace where you can't walk outside at night :(