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CGF Coalition Lawsuit: DC Handgun Roster

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  • hoffmang
    I need a LIFE!!
    • Apr 2006
    • 18448

    CGF Coalition Lawsuit: DC Handgun Roster

    Today in cooperation with Alan Gura and SAF, we filed this complaint in the District of Columbia stating that the California Handgun Roster, as adopted by the District of Columbia, is unconstitutional.

    There are three guns and issues at issue in this case.

    1. An XD-45 Tactical Bi-Tone which couldn't be rostered because it's a different color than its rostered functional identical equivalents.

    2. A Para P13 that was once rostered but fell off when Para Ordnance didn't pay the annual fee.

    3. A Buntline style High Standard 9 shot .22 revolver - the same gun that the Supreme Court ordered DC to register in DC v. Heller.

    Here is the press release that went over the wire minutes ago:

    
SAF CHALLENGES D.C. HANDGUN BAN SCHEME

    For 
Immediate 
Release:
 
 
 
 
 Contact:

 Alan
 Gottlieb
 (425)
454*-7012

    BELLEVUE, WA – The Second Amendment Foundation and three Washington, D.C. residents today filed a lawsuit challenging a regulation by District of Columbia city government that arbitrarily bans handguns based on a roster of “acceptable” handguns approved by the State of California.

    The District is using this list despite a ruling by the U.S. Supreme Court last summer that protects handguns “that ordinary people traditionally use for self-defense.” This scheme could eventually bar the ownership of any new handguns.

    Attorney Alan Gura, representing the plaintiffs in this case, noted that District bureaucrats “told Tracy Ambeau Hanson her gun was the wrong color.” Americans are not limited to a government list of approved books, or approved religions, he said. A handgun protected by the Second Amendment doesn’t need to appear on any government-approved list either.

    “The Springfield XD-45 is approved for sale in Washington,” Gura noted, “so long as it is black, green, or brown, but her bi-tone version is supposedly ‘unsafe’.”

    Added SAF founder Alan Gottlieb, “The Supreme Court’s decision is crystal clear: Handguns that are used by people for self-defense and other lawful purposes cannot be banned, whether the city likes it or not. The city needs to accept the Second Amendment reality and stop this nonsense.”

    Hanson, one of the individual plaintiffs in the case, wondered, “Do we really need a gun-fashion police? I just want to be able to exercise my Second Amendment rights without interference from the District government.”

    Joining Hanson are Gillian and Paul St. Lawrence. Gillian St. Lawrence’s handgun would once have been allowed, until its listing expired, leaving her to observe, “I didn’t realize that my constitutional rights had an expiration date.”

    Her husband sought to own the same type of handgun that the Supreme Court had ordered District officials to allow Dick Heller to possess. However, that particular model is no longer manufactured, and its maker is no longer available to process the handgun’s certification through the bureaucracy.

    “The Supreme Court’s decision should really be the last word on whether I can own this model handgun,” said Mr. St. Lawrence.

    “The so-called ‘safe’ gun list is just another gun-grabbing gimmick,” said Gura. “This is the same old, tried and failed D.C. handgun ban by another name. The city can’t get around the Second Amendment by declaring most normal guns ‘unsafe,’ and gradually shrinking the number of so-called ‘safe’ guns to zero.”

    Valuable assistance is being provided by the CalGuns Foundation.

    “CalGuns Foundation was saddened to see the California Handgun Roster adopted in D.C.,” CalGuns Chairman Gene Hoffman added. “Our state has a reputation as being a leader on many fronts. Unfortunately, this has included violating the rights of law abiding gun owners. After nearly a decade ofexperience with the California Handgun Roster, the CalGuns Foundation is uniquely able to assist in this case.”

    The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

    -END-
    Special thanks to the following Calgunners.

    1. Brett Thomas/the_quark: Realizing that Heller's gun wasn't registerable in DC.

    2. Ivan Pena/Ivanimal: Making a personal sacrifice to this case.

    3. Two CGN'ers who wish to remain nameless: They want to remain "lowpro" but they were indispensable helping pull these guns together.


    These things take a lot of work and a lot of money. The work on the CGF side is all volunteer. With that I would ask each and every one of you to consider a donation to the Calguns Foundation to help us offset expenses so far and moving forward. We plan to bring this to a victory and repatriate the decision to California.

    And thus we begin the CGF offense.

    -Gene
    Last edited by ivanimal; 03-09-2009, 10:58 PM.
    Gene Hoffman
    Chairman, California Gun Rights Foundation

    DONATE NOW
    to support the rights of California gun owners. Follow @cgfgunrights on Twitter.
    Opinions posted in this account are my own and not the approved position of any organization.
    I read PMs. But, if you need a response, include an email address or email me directly!


    "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
  • #2
    7x57
    Calguns Addict
    • Nov 2008
    • 5182

    Heh, heh, heh. Smashing through the low countries on the way to the backside of the Maginot line? Naw, that'd never work.

    7x57
    sigpic

    What do you need guns for if you are going to send your children, seven hours a day, 180 days a year to government schools? What do you need the guns for at that point?-- R. C. Sproul, Jr. (unconfirmed)

    Originally posted by bulgron
    I know every chance I get I'm going to accuse 7x57 of being a shill for LCAV. Because I can.

    Comment

    • #3
      MudCamper
      Veteran Member
      • Mar 2007
      • 4595

      What's the time line on this? And Gene, if you had to guess, what will be the most likely outcome? And if we win this in DC, could it help us with the roster here in CA?

      Comment

      • #4
        pavlov
        Member
        • Jan 2005
        • 198

        This is great news. Keep up the good works guys!

        Comment

        • #5
          wolf13
          Member
          • Mar 2008
          • 482

          Great news!
          Originally posted by DDT
          Why do you need an armored car for an armored car service? Just start it in Alameda county. If you can have a gun show without guns surely the county attorney would understand an armored car company without an armored car.

          Comment

          • #6
            wash
            Calguns Addict
            • Aug 2007
            • 9011

            This is very pleasing to me.

            I like your little fib.

            I will try to donate a little more at the San Jose gun show.
            sigpic
            Originally posted by oaklander
            Dear Kevin,

            You suck!!! Your are wrong!!! Stop it!!!
            Proud CGF and CGN donor. SAF life member. Former CRPA member. Gpal beta tester (it didn't work). NRA member.

            Comment

            • #7
              yellowfin
              Calguns Addict
              • Nov 2007
              • 8371

              I can't wait to see what possible nonsense the other side has to argue this.
              "You can't stop insane people from doing insane things with insane laws. That's insane!" -- Penn Jillette
              Originally posted by indiandave
              In Pennsylvania Your permit to carry concealed is called a License to carry fire arms. Other states call it a CCW. In New Jersey it's called a crime.
              Discretionary Issue is the new Separate but Equal.

              Comment

              • #8
                7x57
                Calguns Addict
                • Nov 2008
                • 5182

                Originally posted by MudCamper
                What's the time line on this? And Gene, if you had to guess, what will be the most likely outcome? And if we win this in DC, could it help us with the roster here in CA?
                Let's try to guess at the reasoning behind this.

                Think of it as getting the roster declared unconstitutional without having to wait for incorporation to challenge it in CA. Then, when the 2A is incorporated against the states, we already have a ruling that it violates the 2A rather than having to start there. It saves a step, and litigation steps seem to take years.

                It is not the same circuit, but if the DC circuit finds it unconstitutional, that should carry some weight in the ninth circuit. I also wonder if it will be easier to get it struck down in this context as well. The fact that it bans Dick Heller's exact gun seems to make the point really really well. At least, it's terribly ironic.

                7x57
                sigpic

                What do you need guns for if you are going to send your children, seven hours a day, 180 days a year to government schools? What do you need the guns for at that point?-- R. C. Sproul, Jr. (unconfirmed)

                Originally posted by bulgron
                I know every chance I get I'm going to accuse 7x57 of being a shill for LCAV. Because I can.

                Comment

                • #9
                  Liberty1
                  Calguns Addict
                  • Apr 2007
                  • 5541

                  Three Cheers!!!
                  False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.
                  -- Cesare Beccaria http://www.a-human-right.com/

                  Comment

                  • #10
                    sorensen440
                    Calguns Addict
                    • Mar 2007
                    • 8611

                    This is refreshing to hear !
                    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson

                    Comment

                    • #11
                      383green
                      Veteran Member
                      • Jan 2006
                      • 4328

                      Wow, Gene, you weren't exaggerating about that Liberty Bell comparison! I feel like a maroon for not anticipating this action!

                      They don't care about your stupid guns! --Mitch
                      Mark J. Blair, NF6X

                      Comment

                      • #12
                        Can'thavenuthingood
                        C3 Leader
                        CGN Contributor - Lifetime
                        • Oct 2005
                        • 5246

                        Geeez I love this place
                        And I was just thinking the forums have been a bit less exciting the last few days.

                        I saw that term 'coalition' and got all excited all over again.
                        Love teamwork.

                        Vick
                        Last edited by Can'thavenuthingood; 03-09-2009, 11:31 AM.
                        sigpic

                        "Nobody ever defended anything successfully, there is only attack and attack and attack some more." (George Patton)

                        Picnic Time

                        Comment

                        • #13
                          nick
                          CGN/CGSSA Contributor
                          CGN Contributor
                          • Aug 2008
                          • 19143

                          NIce. Well, the lawsuits take money... And I have a paycheck coming in this week...
                          DiaHero Foundation - helping people manage diabetes. Sending diabetes supplies to Ukraine now, any help is appreciated.

                          DDR AK furniture and Norinco M14 parts kit: https://www.calguns.net/calgunforum/....php?t=1756292
                          sigpic

                          Comment

                          • #14
                            383green
                            Veteran Member
                            • Jan 2006
                            • 4328

                            Making a wild guess here: Will this case be called Hanson et. al. v. DC, and just Hanson for short?

                            ETA: Durr, never mind. I should have read the actual complaint.
                            Last edited by 383green; 03-09-2009, 11:40 AM. Reason: Overexcitement.
                            They don't care about your stupid guns! --Mitch
                            Mark J. Blair, NF6X

                            Comment

                            • #15
                              Racefiend
                              Member
                              • Mar 2006
                              • 441

                              I like the way CGF operates I feel all warm and tingly being able to experience the rebuilding of our 2nd amendment one step at a time.

                              Comment

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