Appeals court strikes down parts of DC's gun laws

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JustaShooter
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Appeals court strikes down parts of DC's gun laws

Post by JustaShooter » Fri Sep 18, 2015 1:30 pm

WUSA 9: A federal appeals court has struck down as unconstitutional parts of Washington, D.C.'s gun laws. The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 today that the city cannot require gun owners to re-register a gun every three years, make a gun available for inspection or pass a test about firearms laws. The court also struck down a ban on registering more than one pistol per month.
http://www.wusa9.com/story/news/local/d ... /72402594/
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color of law
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Re: Appeals court strikes down parts of DC's gun laws

Post by color of law » Fri Sep 18, 2015 2:44 pm

http://www.cadc.uscourts.gov/internet/o ... 573768.pdf

Foot note 1.
In his reply brief in this court, Heller argued for the first time that the registration requirement impinges upon the Second Amendment right to bear arms because a person can “go to prison and receive a lifetime ban on possession of firearms for failure to register or reregister.” See D.C. Code §§ 7-2502.03, 7-2507.06, 7-2502.08 (providing generally violation of the registration requirements may result in fines, imprisonment, and ineligibility to register weapons in the future). This assertion, however, is too little, too late. It comes too late because we do not ordinarily notice an argument that first appears in a reply brief. See Gunpowder Riverkeeper v. FERC, No. 14-1062, 2015 WL 4450952, at *5 (D.C. Cir. July 21, 2015) (“[A]rguments not clearly raised in a party’s opening brief are generally considered to be forfeit”). In any event, it is too little because in Heller II we instanced other licensing schemes we think impose a de minimis burden notwithstanding that failure to comply with those schemes may result in criminal penalties; so it is with the basic registration requirement for long guns. See Heller II, 670 F.3d at 1254-55 (describing licensing schemes “such as [that] for … driving a car” as “self-evidently de minimis”); D.C. Code § 50-1403.01(e) (providing that an individual found guilty of “operating a motor vehicle in the District” while that person’s license is “revoked or suspended” may be fined or imprisoned for up to one year).
This reasoning is why you have no constitutional rights.

Is your religion registered with the state?

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Uncle Duke
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Re: Appeals court strikes down parts of DC's gun laws

Post by Uncle Duke » Sun Sep 20, 2015 8:23 am

We'll see what happens on November 20th when the U.S. Court of Appeals hears the arguments in the case of Wrenn et al v. DC MPD regarding their Concealed Carry laws. I'm still waiting to hear on my application (yesterday was the end of the 90 days to process my application), so I'll be burning up the phone lines first thing tomorrow morning.
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Uncle Duke
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Re: Appeals court strikes down parts of DC's gun laws

Post by Uncle Duke » Mon Sep 21, 2015 9:36 am

I just got off the telephone with the DC MPD Firearms Registration Section. They informed me that I was denied and would be issued a letter stating why and how to appeal. I'll probably appeal after I talk to my lawyer (a gun rights lawyer in DC).
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