A ruling last Friday that dismissed a lawsuit in the District of Columbia over that city’s Draconian gun laws has wide-ranging implications because it compelled the anti-gun Brady Campaign to Prevent Gun Violence to reveal what it believes are “common-sense gun laws.”
The revelation came from Brady Campaign President Paul Helmke – the same guy who has been waging a war of social bigotry against Starbucks and its refusal to ban legally armed customers from its coffee shops – who issued a statement crowing about the case. This was the second lawsuit against the District by Dick Anthony Heller, this time represented by attorney and Second Amendment scholar Stephen Halbrook. The National Rifle Association was supporting this case, and Halbrook says the judge’s ruling will be appealed.
Politicians and legislatures at all levels should stop using the Second Amendment as an excuse for inaction against gun violence. They should follow the District’s example and pass the strong, common sense gun laws Americans need and demand to protect their communities.”—Paul Helmke, president, Brady Campaign to Prevent Gun Violence
U.S. District Judge Ricardo M. Urbina, a Clinton appointee, dismissed Heller’s lawsuit, and ruled that the district’s gun laws, which ban so-called “assault weapons” and require handguns to be kept unloaded and locked, and that that they be given to the police for a ballistics test, is permissible under a broad definition of a reasonable gun law based on his reading of the Supreme Court’s 2008 Heller decision. In addition, the district requires gun registration, and this registration is only good for a three-year period. It also limits a private citizen to one handgun registration per month. It mandates that guns be kept locked up until there is an immediate threat (by which time, it will be too late to unlock their gun and load it to defend one's self against an attack!).
In effect, this judge thinks that the right of owning a gun is subject to the same bureaucratic red tape as the privilege of owning a car. And Helmke of the Brady Campaign thinks this is just swell; a regulatory morass through which a law-abiding citizen must wade simply to exercise a constitutionally-protected civil right.
Equally disturbing is the fact that Judge Urbina believes that semiautomatic modern sporting rifles – the so-called “assault rifles” that are banned under the district rules – are not in common use, so they are not subject to Second Amendment protection. He should try selling that astonishing concept to the millions of Americans who own and regularly use those firearms for hunting, competition, recreational shooting, predator and varmint control and protection of life and property.
The city requires that legally registered revolvers be kept unloaded and either disassembled or secured with trigger locks, unless the owner reasonably fears immediate harm by an intruder in the home. Each resident can register one pistol a month, and registrations expire after three years.
Helmke still clings to the opinion – thoroughly rejected by the Supreme Court in Heller – that it is “common sense” and allowable to ban an entire class of firearms. Disturbingly, Helmke is not alone in his state of denial.
Jim Coogan, a columnist for the Cape Cod Times, complained this week that the NRA and Massachusetts’ Gun Owners’ Action League “consistently view government as the enemy.” He further laments that “The NRA and GOAL wear the Second Amendment like constitutional Kevlar as protection against any limit on their right to bear arms.”
Mr. Coogan doesn’t realize it is also his right to bear arms; that he doesn’t care to exercise it is his decision. Were someone to challenge him about something he wanted to publish, it is likely he would “wear the First Amendment like constitutional Kevlar” against such an infringement.
Then we get around to D.C. Council member Phil Mendelson, chairman of the Committee on Public Safety and the Judiciary. According to the Washington Post, he thinks Urbina’s ruling is just peachy, and here is his logic: “Because law-abiding citizens register their guns, it makes it easier for the police to identify and arrest the criminals.”
Any attempt by the federal government to pass more stringent gun-purchasing laws is resisted by these areas as an attack on personal liberty.—Jim Coogan, Cape Cod Times
Be mindful that this is the same thought process that ultimately has people comparing law-abiding gun owners to the nine suspects rounded up over the weekend in the alleged police murder plot in Michigan. As I predicted here, it has already begun.
In the Seattle Times reader feedback section, some crank calling himself “enough already” wrote, “Wake up and smell the new brand of terrorist – white, male, middle class, American, card carrying NRA member, voted for McCain, doesn’t believe Obama’s birth certificate and owns a signed copy of Palin’s Going Rogue.”
Washington Post columnist Eugene Robinson tried to lump a whole lot of people into the same nut bag when he wrote, “…there has been an explosive growth among far-right, militia-type groups that identify themselves as white supremacists, “constitutionalists,” tax protesters and religious soldiers determined to kill people to uphold ‘Christian’ values.”
So, he believes that citizens who believe in the Constitution (as opposed to some politician who merely professes to “support” it), and fed-up taxpayers who want a little fiscal responsibility from the government are in the same league as racists and religious extremists, eh?
All of this contributes to a divisiveness in America, and it widens rather than narrows the chasm between people. It feeds the war being waged right now to strip Americans of their firearm civil rights, as I wrote about with Alan Gottlieb in Assault on Weapons: The Campaign to Eliminate Your Guns. I’ve got news for Coogan, Robinson, Mendelson and the anonymous cranks who haunt reader blogs: We are all on the same ship of state, it is foundering badly and if we don’t find a way to work together – and learning to live with everyone else’s civil rights is a start – this ship is going to go down faster than the Titanic.
For more info: Assault on Weapons: The Campaign to Eliminate Your Guns.
Atlanta: Ed Stone | Austin: Howard Nemerov | Boston: Ron Bokleman | Charlotte: Paul Valone | Cheyenne: Anthony Bouchard | Chicago: Don Gwinn | Cleveland: Daniel White | DC: Mike Stollenwerk | Denver: Dan Bidstrup | Fort Smith: Steve D. Jones | Grand Rapids: Skip Coryel | Knoxville: Liston Matthews | | Los Angeles: John Longenecker | Minneapolis: John Pierce | National: David Codrea | Parkersburg: Nicholas Arnold | Phoenix: Douglas Little | Pittsburgh: Dan Campbell | Seattle: Dave Workman | St. Louis: Kurt Hofmann | Tucson: Chris Woodard | Wisconsin: Gene German
Comments
Holy Cripes... I am a terrorist (freedom fighter to use a lib term)... I am white, male, middle class, American (have my birth certificate), (proud) card carrying NRA member, voted for McCain (lesser of two evils), doesn’t believe Obama’s (phony) birth certificate and owns a signed copy of Palin’s Going Rogue.” In my defense I only occassionally watch NASCAR and less occassionally thump my family Bible... but I do "cling" to my multiple firearms.
Pat, I guess we're in the same boat. The only thing I don't have a hand in is watching NASCAR and I don't have a copy of Mrs. Palin's book... yet. I guess if they want to label me as an extremist all I can say is BRING IT ON!! I welcome the chance to talk civilly with anyone who so desires about why my rights matter just as much as theirs. My right to bear a firearm is just as important as their right to free speech and the right to avoid self-incrimination!! I will hold to every single one of my rights. In my humble opinion, all the other rights and freedoms are there because the second amendment has protected them thus far. Let's hope it continues to do so!!
Dave - - the only thing I disagree with is the following statement.
"In effect, this judge thinks that the right of owning a gun is subject to the same bureaucratic red tape as the privilege of owning a car. "
There actually isn't any bureaucratic red tape involved in simply owning a car. Or even using one on your own property. Only if you take it out in public places such as the highways do the governmental rules kick in.
As far as I know there are no rules in any state about how you have to store an automobile in your garage. The judge thinks that many more restrictions apply to a gun than a car.
And as far al militias go, it was the gun control fanatics that actually created them. Before Heller, their arguments that the Second Amendment only applied to well regulated militias created the need for gun owners to protect themselves by forming such militias. And like motorcycle clubs, there will be a few less than honorable groups who will join the format.
Hey Dave,
It's me again.
There's a major logical and empirical flaw in your call for a Reasonable Debate concerning the Ship of State and the desire to right it.
1. The Social Progressives such as Helmke, Coogan, Robinson, and Mendelson, have a distinctly non-websterian definition of 'Reasonable'; of which you made note at the top of your article.
2. The SP's do not in fact, see or believe that the Ship of State is listing heavily and the dark, cold, waters are getting ever closer, nor that the Ship is even remotely in danger of capsizing.
3. The ONLY caveat to #2 is that such could take place, IF rank and file SP's, the Obamasiah, and the SP Congress (SP Dems, RINOs, and Spineless Repubs) are swept from their positions of power, by 'demogogues' and Tea Party 'racists'.
Constitutionalists will NEVER be able to work with SP's, because SP's see the Constitution as Mutable, while Constitutionalists see it as IMMUTABLE.
Nary the Twain Shall Meet.
Sadly, Civil War co
Bruce, one mistake is that even prior to Heller there never was an understanding that the 2nd amendment only applied to militias. This was something invented solely in the minds of antis, much like their concept of reasonable.
Should firearms or firearm owners be subject to testing to receive a license to carry a firearm?
The Argument Against
No, no, no... it says "....shall not be infringed." no training, no class, no license, nada...the government is to be absent from a citizens right to 'keep' (own) and 'bear' (carry, open or concealed).
Now for one minute let's tear apart this stupid licensing idea.
You take ONE test to drive a car when you are 16 and then NEVER have to prove competency again. The test is simple, multiple choice and teaches you nothing that you can't read on your own. You take ONE driving test and then NEVER have to prove your ability ever again, EVER. Your driver’s license is recognized in any of the 50 states. Therefore, you can have learned to drive in Alaska with very little traffic, yet your license is good in New York, New York or Los Angeles, CA.
You can therefore be 66 years old and have not taken a test, written or physical in 50 YEARS.
Do you think cars have changed in the last 50 years? The 'you have to have a license to drive' argument doesn't hold water, it is a joke. How many times driving have you said to yourself; 'that old man shouldn't be driving', 'that woman shouldn't be driving', 'that immigrant shouldn't be driving', 'that teenager shouldn't be driving?' We have all said this to ourselves. The argument simply is ridiculous and is now null and void.
And even with licensing, we still have; drunk drivers, negligent drivers, hit and runs, get away (from crime) drivers, stolen cars, speeding in school zones and more.
YOU SEE THAT LICENSING DRIVERS (AND CARS) DOES NOTHING TO PREVENT CRIME FROM CARS...OR FROM DRIVERS.
We must all simply accept that we choose to live in a free society. In a free society their are inherit risks and there is evil and there is great joy. Part of living in a free society is that we must accept responsibility for our actions.
The problem with common sense, Its not so common. Wait until the neighborhoods are filled with blue helmets and see how the hoplophobes feel. The time will come sadly. Just last night the Seattle Mayor's of chief of staff had his home broken into, while everyone was home asleep. I wonder if the Mayor will change his tune on "common sense" gun control. I wonder how that would suit Judge Urbina if that happened to his home. A locked unloaded gun is definitely not my idea of home defense. Surely this will be overturned on appeal. ???
Chris,
I understand that but I believe that the increasing use of the argument and the increasing media acceptance of it lead many gun owners to form militias simply as a self defense device to thwart them.
gogodawgs,
Actually that's not quite right. When I moved to Washington state from Michigan in 1973, the DMV made me take a demonstration drive and parallel park in order to exchange my Michigan Drivers License for a Washington Drivers License.
Pat. You and others may see yourself as decent, honest, law-abiding persons. But in the minds of government handlers and every progressive statist in government, any person opposing government in any way is regarded as a threat. If government had the resources to do it, they’d have already started locking up every person in attendance at every opposition rally.
Anyone still believing otherwise is in denial.
Lest we get too embroiled in the minutiae, it's important to remain on point. It cannot be said better than this:
"No government deprives its citizens of rights without asserting that its actions are 'reasonable' and 'necessary' for high sounding reasons such as 'public safety'. A right that can be regulated is no right at all, only a temporary privilege dependent upon the good will of the very government official that such right is designed to constrain." - GOA attorneys Herbert Titus and William Olsen in their brief to SCOTUS on D.C. vs. Heller
It's like I said in another topic, what antis call "common-sense", the people who actually know what they are talking about call "irresponsible".
You wonder why anyone would support the people who don't have a clue.
The only common sense thing to do, is to throw the bum judge Urbina out and off the bench. He's part of the problem, him and the Brady Brats. Brady Brat Paul Helmke always talks about common sense, the only common sense thing to do is banish the Brady Brats and most of the Judicial Activists from the earth, they're a waste of good breathing air.
Social Progressives....
The very first thing you must do to combat an enemy is to know that enemy. The above term is THEIR chosen term of description. The accurate terms are MARXIST, or SOCIALIST, or COMMUNIST. They do not chose to use these terms because they are evading the history and baggage and BODIES and BLOOD associated with those terms.
They are about deception and evil dismissed as good. Just because they want to use these term to describe themselves doesn't mean we should use them. It's one very good reason not to.
It's like OBAMA claiming to be an oil man and wanting to drill, drill, drill... Really...? If he does this, there's a reason and it ain't because he's really an oil man deep down.
'Jim Coogan, a columnist for the Cape Cod Times, complained this week that the NRA and Massachusetts’ Gun Owners’ Action League “consistently view government as the enemy.”'
Jeepers, Jim, I guess you never read the Declaration of Independence, the Constitution, and the Bill of Rights, each of which is an explicit condemnation of and restriction upon the power of government. Government *is* the enemy. That's what the War of Independence was *about*.
All *we* want is to be left alone. What do Coogan & co. want?
i haven't met many antigunners who HAD any common sense! so, how could they ever know about gun laws?
I have said this before, they connot touch the second amendment without a constitutional convention, until then, it is all sound and fury, signifying...nothing.
And as soon as the rest of you get over the false left/right divide and conquer trick you keep falling for, the sooner we the people can take control of our government again.Who do you think started the republican right and the progressive left...why, the very people still implementing it to keep us all fighting amongst ourselves while they steer the ship into the rocks for their one world government...hehe, you though it wasnt on purpose?
Like Judge Erlick wrote clearly in McCleary v State, thry have been left behind!
135. Washington’s crisis in education is a microcosm of that of the nation. On a national level, Arne Duncan, Secretary of Education, warned that “[w]e’re perpetuating social failure” through our current educational system. Similarly, our own Superintendent of Public Instruction, Randy Dorn, noted that “In our global economy, students who drop out of school without skills will likely face a life of unemployment and poverty.” (Dorn at 29.)
136. Former U.S. Supreme Court Justice, Sandra Day O’Connor, in a recent visit to Seattle, lamented the lack of civics education in schools. She noted a study that found “Twothirds
of Americans know at least one of the judges on the Fox TV show ‘American Idol,’ but less than one in ten can name the Chief Justice of the United States Supreme Court.”
137. In sum, a well-educated population is the foundation of our democracy, our
economy, and the American dream...
How would they feel about 'reasonable' limits to the First Amendment? How about registering all color printers (good for 3 years)? No more tan 1 printer purchase a year? Paper trays limited to no more than 10 pages, and no faster than 2 pages printed per minute? Who needs full capacity paper trays and rapid printing except for some crackpot who is printing copies seditious manifestos to distribute?
If you don't like the 2nd Amemndment then follow your beliefs and promote a Constitutional Convention to change it. Until then, obey the law, including the "shall not be infringed." There are plenty of laws I don't like, and I either grin and bear it or try to change it legally.
In Wash D.C. one has the individual right to keep and bear arms, as was ruled by the SCOTUS. In ANY OTHER STATE one does not yet enjoy that right, and won't until the SCOTUS rules the 2nd Amendment is incorporated to the states.
However, that will not mean state firearms laws are invalidated as they will still apply. The only difference being the right to keep and bear arms will be affirmed, but one will still have to abide by their state and local laws. Draconian? Yes, and that is how it is today in Wash D.C., even after Heller.
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