In a federal lawsuit filed today by civil rights attorney Alan Gura, three DC residents seek relief from DC's onerous and odious handgun registration scheme.
Under the statute adopted by the DC Council last December, DC now bans many ordinary and common handguns based upon silly criteria such as the color of the gun.
Meet the Plaintiffs:
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Tracey Ambeau Hanson: Her gun was rejected because it's the wrong color.
Paul St. Lawrence: His gun was rejected even though it is the same gun owned by Dick Heller for whom the Supreme Court ordered DC to issue a registration certificate less than a year ago.
Gillian St. Lawrence: Her gun was rejected merely because the manufacturer decided not to pay a fee to California to keep the gun on the California Roster of Handguns Certified for Sale.
The complaint filed today in the United States District Court for the District of Columbia today is Civil Action No. 09-454. The Second Amendment Foundation, has issued a Press Release here.
Very few states have any sort of gun registration at all. And any requirement to register guns is a constitutionally suspect prior restraint of the right to keep and bear arms to begin with. But the DC City Council's registration scheme proves that the Council is incapable of being reasonable when it comes to regulating gun rights.
Now more than ever it's time for Congress to tell DC's rulers: If you wanna vote in America's House, no more gun registration!
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Subsequent Press Reports:
Check out other Gun Rights Examiners:
- Austin: Armed citizen saves 2 lives
- Charlotte: Save a Mexican drug lord: Surrender your guns
- Cleveland: Would you rather feel safe or be safe?
- DC: Georgia legislator introduces bill to repeal permit requirement to open carry handguns!
- Denver: Who says it has to be a fair fight?
- Los Angeles: Why they take guns from the people at all. With thanks to Paul Harvey, Patriot
- Minneapolis: An open letter to Senator Jim Webb and pro-gun democrats
- National: When lighters are outlawed...
- Seattle: Why Greg Nickels’ proposed gun ban would never work
- St. Louis: The import ban cometh
Comments
I think it is funny that Gillian and Paul, though married, spell their last names differently!
Shout out to CalGuns for assisting SAF and Gura in this case.
Beautiful! The irony is so delicious ... a brave "woman of color" is denied her fundamental right to own and carry arms because the gun she owns is the WRONG COLOR.
Almost as delicious as when African-Americans oppose incorporation of the 2A by the 14A, when the 14A was passed specifically to protect the rights of African-Americans!
DC is going through the wringer again ... and as well they should. They have been playing games with the rights of DC residents for FAR too long.
Did I mention that the irony is delicious!? Gura has a fantastic sense of humor, in addition to legal talent.
Andy e-mailed this to me and I had trouble forwarding it by the usual method. Very interesting article!
for years I have opined that most gun laws amount to an unlawful prior restraint. Most people just rolled their eyes and stared at me wondering what kind of tangent I was on this time. Now, thankfully, someone else is mentioning this.
Also, I am more than a little annoyed by the attitude many, even in the pro-gun owner rights camp, are voicing that if DC wants to have a vote in congress they have to agree to stop violating residents' second amendment rights.
Their gun ban and registration scheme(s) are BOTH
in my other post I inadvertently hit the "enter" key too soon, so I have to finish here.
As I was saying, DC's gun ban and registration schemes are BOTH unconstitutional therefore they get NEITHER. Why are many in the pro-gun camp suggesting that they can get a voting rep in congress if they just quit harassing gun owners. That's foolish. How about this:
1. Stop violating second amendment rights since that is unconstitutional.
2. Forget having a vote in congress since that is unconstitutional.
end of rant.
Amazing in today's unemployment condition for so many in USA, that there are a bunch of Washington DC Government Bureaucrats with no common sense or logic, and yet THEY STILL ARE EMPLOYED!
How stupid these government ones are in DC, when they attempt to abuse the clear intent of the law with such ridiculous decisions on law abiding citizens who FUND the very jobs these silly and stupid government workers hold. Its time to demand the firing of these incompetent workers who defy the law with their subjective and clearly law violating actions. Let's see how they do in the private world, ha, ha.
Ron is correct. Thank-you for finally stating the facts. The fact is, DC was land given by Maryland and Virginia for the sole purpose of hosting the federal government. Part of the agreement was that DC would ***NOT*** get the same rights as do states, ergo, NO VOTING RIGHTS. Stop suggesting that DC should get a seat in Congress! As Ron stated, IT IS UNCONSTITUTIONAL, and needs a CONSTITUTION AMENDMENT for DC to get a seat in Congress.
I personally think its time to abolish our present government and start over. It is clear that our present representation is out for them selves and has forgotten who they work for. Our present elected officials do not respect the constitution and try to manipulate it for their gains. D.C. is not a state no question no vote. They have violated the constitution since 1976 so why are those officials not in jail for breaking our constitutional law?
"Now more than ever it's time for Congress to tell DC's rulers: If you wanna vote in America's House, no more gun registration!"
First of all, they are not RULERS! They are representatives. RULERS tell us what to do, REPRESENTATIVES act in our best interest becuase we give them power to do so.
Next: The residents of DC should NEVER be allowed to vote away a constitutionally guaranteed right. The constitution says that the states myst follow a republican form of government and democracy is banned. Here democracy has gotten out of control and should be reigned in.
And last, It is about time to start to make some REAL change! in federal government, and get RID of the entire... ENTIRE group of "elected officials" and replace them with statesmen. Men who will restore the government to the founding fathers installed limits. This cannot happen by electing a president, it has to happen by electing representatives and senators.
Just one question: Why is there anyone left living in D.C., Mass., NJ, NYC, or anywhere their right to self defense is infringed? If they care about defending themselves, why would they stay? If they don't care, why should anyone else?
Vote with your feet. Leave the dead to bury their own dead. Don't be a disarmed victim.
Voting with your feet isn't always the best thing to do. Sometimes you have to stand your ground.
What does the California banned gun list have to do with D.C.? Not a dam ed thing. 2A all the way.
DC has everythign to do with California, as DC has adopted CA's "Safe Handgun Roster".
Quoted from the docket complaint file...
"45. Defendants denied plaintiff Tracey Ambeau Hanson’s application to register a
Springfield Armory XD-45 Tactical 5" Bi-Tone stainless steel/black handgun in .45 ACP, model
number XD9623, as that handgun is not on the California Safe Handgun Roster as adopted by the
District of Columbia.
46. Other models of this identical gun – but in different colors – are listed on the
approved handgun roster and are thus available to Ms. Hanson: the XD-45 Tactical 5" .45 ACP in
black (model XD9621), the XD-45 Tactical 5" .45 ACP in OD Green (model XD9622), and the
XD-45 Tactical 5" .45 ACP in Dark Earth (XD9162)."
Ron Lilly...I am not up to speed on the concept of "unlawful prior restraint", but anything that INFRINGES any citizen's right to "keep and bear arms" is clearly a violation of their constitutional right. The 2nd Amendment does not restrict the type of arms to be "keep and bear". The 1934 gun control Act restricting...INFRINGING...the individual ownership of fully automatic "assualt weapons" is a violation of our 2nd amendment right and therefore unconstitutional. Fortunately, the 1776 patriots had then current technology assualt weapons to oust the Redcosts. Todays's current technology includes "assualt" weapons...fully automatic weapons. Why hasn't anyone sued for "INFRINGEMENT" OF OUR RIGHTS????
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