GUN DC Gun Ban Ruling: What Would Happen?

Discussion in 'On Topic' started by houseofdon, Mar 4, 2008.

  1. houseofdon

    houseofdon Simplify Moderator

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    There's a decent chance that within the next year I might have to move to DC. Girlfriend got accepted to grad school out there and my line of work is naturally moving me in that direction. The thought of selling (or more than likely letting my dad hang onto 'em) isn't too appealing, but it is what it is.

    Anyway, suppose we get a favorable ruling by the Supreme Court in the spring/early summer on the DC Gun Ban case (DC v. Heller). Do we have any idea how the reinstatement of our rights would be implemented? Would it be that the court hands down the ruling and gives DC 30 days to comply, or would it be up to DC to set their own terms that would likely be drawn out over the course of many years.

    Any speculation or current research would be GREATLY appreciated.
     
  2. FuckMyLife

    FuckMyLife Guest

    wrong forum bro. take this to ontopic
     
  3. FuckMyLife

    FuckMyLife Guest

    If the courts ruled on it, it would be immediately effective i believe.
     
  4. Joe_Cool

    Joe_Cool Never trust a woman or a government. Moderator

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    Exactly. Once the law is struck down (hypothetically), it IMMEDIATELY becomes null and void, because the district never had the authority to enact it.

    I imagine Congress would scramble to pass new laws tailor-made to comply with the letter, not the spirit, of the ruling.
     
  5. houseofdon

    houseofdon Simplify Moderator

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    Sorry :o

    Edit: Moved to WMD
     
  6. Joe_Cool

    Joe_Cool Never trust a woman or a government. Moderator

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    I'm pretty sure you can.
     
  7. GlobeGuy

    GlobeGuy New Member

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    Just live in Northern VA, if you live in arlington you can get to DC in about 5 minutes.
     
  8. P07r0457

    P07r0457 New Member

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    People would still be hassled/arrested for it.

    In oregon, open carry is legal with permit. Yet if you are caught in the Port of Portland with a firearm -- permit or not -- you will be arrested. Several letters have been written and the CLEOs basically tell the authors to fuck-off and that they will inconvenience -- to the fullest extent -- anyone who chooses to carry.

    I imagine Congress would scramble to pass new laws tailor-made to comply with the letter, not the spirit, of the ruling.[/QUOTE]
     
  9. P07r0457

    P07r0457 New Member

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    People would still be hassled/arrested for it.

    In oregon, open carry is legal with permit. Yet if you are caught in the Port of Portland with a firearm -- permit or not -- you will be arrested. Several letters have been written and the CLEOs basically tell the authors to fuck-off and that they will inconvenience -- to the fullest extent -- anyone who chooses to carry.

    Naturally. They have been unable to ban firearms, so now they're just working to get rid of ammo, and make firearms practically unobtainable for the average citizen -- basically it's as effective as a ban for disarming innocent people, and giving the country to the criminals.
     
  10. Joe_Cool

    Joe_Cool Never trust a woman or a government. Moderator

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    Arrested on what charge?

    And why aren't people fighting this in court?

    It won't pass. And if it does, there will be massive civil disobedience.
     
  11. thedude11

    thedude11 New Member

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    Don't sell your guns... let a good friend or family member hold on to them.
     
  12. houseofdon

    houseofdon Simplify Moderator

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    :werd: I'd let my dad hang onto them.
     
  13. P07r0457

    P07r0457 New Member

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    Disorderly conduct
    Menacing

    I've even heard of them charing with unlawful possession of a firearm.

    they are. Except when other crimes were committed these people have been let off in court. However, the point the CLEOs are making isn't that you're gonna get convicted -- it's that you're getting arrested, charged, thrown in jail, and your life is going to be greatly inconvenienced.


    I'm interested to see how things pan out. If this does pass, we're fucked. If it doesn't, then they'll try something else.

    Honestly, the supreme court needs to come in and defend the 2nd ammendment in the context that it was written, declare firearms are cool, and declare all fed/state/county/city regulations against possession as unlawful.
     
  14. Vermincelli

    Vermincelli Banned

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    GET OFF MY LAWN!
    Then you have grounds for harassment, wrongful arrest et al.
     
  15. houseofdon

    houseofdon Simplify Moderator

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    :bowdown: I can see that in Scalia's opinion now!
     
  16. mvizos

    mvizos New Member

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    :werd:

    Move into falls church / arlington / anyplace with metro access in to dc if you don't want to drive.

    VA guns laws > MD (and of course) >>>>>>> DC
     
  17. P07r0457

    P07r0457 New Member

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    not rly. Afaik no one has actually won a case against the state/county/city for wrongful arrest or harassment after having been charged with menacing.
     
  18. MTech

    MTech New Member

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    It's neither of those things they should be suing out the ass over that.




    [FONT=Times New Roman, Times, serif]The most often threatened charges against someone open carrying is "disorderly conduct", and "terroristic threats".[/FONT]
    § 5503. Disorderly conduct.
    (a) Offense defined.--A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:​
    1. engages in fighting or threatening, or in violent or tumultuous behavior;
    2. makes unreasonable noise;
    3. uses obscene language, or makes an obscene gesture; or
    4. creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.​
    Though this section does not deal with firearms, due to the nature of this code, this law has been cited by officers to suppress or discourage lawful open carry. Since a person who is not licensed per §6109 or exempted by §6106(b) MUST open carry their firearms on foot in order to avoid criminal charge, nor is there any duty for anyone licensed to conceal their handgun, open carry is not disorderly conduct. The open carrying of firearms is not by itself threatening, nor does it cause a hazardous or physically offensive condition. There are also two cases that that specifically state that a person may carry a firearm openly: Commonwealth v. Ortiz and Commonwealth v. Hawkins.
    In summary, with case law to support, OC is legal and does "serve a legitimate purpose of the actor". Therefor OC can not be Disorderly Conduct per the letter of the code itself.

    § 2706. Terroristic threats.
    (a) Offense defined. A person commits the crime of terroristic threats if the person communicates, either directly or indirectly, a threat to: commit any crime of violence with intent to terrorize another; cause evacuation of a building, place of assembly, or facility of public transportation; or otherwise cause serious public inconvenience, or cause terror or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience.
    (e) Definition.--As used in this section, the term "communicates" means conveys in person or by written or electronic means, including telephone, electronic mail, Internet, facsimile, telex and similar transmissions.​
    As with disorderly conduct, this code section has been used to suppress or discourage lawful open carry. “Convey” means to communicate, either orally or by written or electronic means. Because the open carry of firearms is not a communication as defined by this section, it cannot be terroristic threatening.
    Also, again, Commonwealth v. Hawkins 1996 clearly states that open carry, in and of itself, lacking any actual threatening or illegal behavior on the part of the person open carrying is not grounds for even a "stop and ID" by police. As such, open carry can not be anything warranting a "stop and ID"
     
  19. P07r0457

    P07r0457 New Member

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    I KNOW... but thus far I have not heard of a successful case (from the citizens point of view)
     
  20. hsmith

    hsmith OT Supporter

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    Live in VA.

    Concealed carry or open carry any time you want :coold:
     
  21. hsmith

    hsmith OT Supporter

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    i mean seriously, you do NOT want to live in DC or MD :o
     
  22. houseofdon

    houseofdon Simplify Moderator

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    Other than the obvious gun issues, and cost of living, why not? My time in DC, my college pretty much took care of everything so maybe my perception is a bit skewed.
     
  23. hsmith

    hsmith OT Supporter

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    DC is going to be a lot more expensive, more crime, ect.

    VA is pretty safe and a bit cheaper. Granted, you will have to metro into DC to work, but that isn't a bad trade off. DC is fun and all, but it gets old fast.

    Lots more bitches in Arlington too :o
     
  24. houseofdon

    houseofdon Simplify Moderator

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    And I'm not sure that I worry about Congress making a laws trying to skirt the decision. DC has hardly ANY lobby in Congress and I doubt they'd go against the court in an election year.
     
  25. houseofdon

    houseofdon Simplify Moderator

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    Arlington might not be bad. There's a good chance my g/f will go to GWU if G-Town doesn't give her a good financial package. That'd be pretty close, right?
     

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