What about the people that broke D.C.'s law

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Thread: What about the people that broke D.C.'s law

  1. #1
    Member Array seedoubleyou's Avatar
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    What about the people that broke D.C.'s law

    They wouldn't allow citizens to own guns in their house since 1976. I'm sure that somebody must have gotten in trouble for owning a gun. I was just wondering what they were charged with and what the penalty was..... Also since the law was deemed unconstitutional, do they now get compensation from the government... A refund of fines and legal fees paid? Just wondering.
    CW

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    I don't see DC doing anything for them. They might be able to get the felony conviction expunged from their record. As far as recovering fines, attorney fees and compensation I think hell will freeze over first.

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    Member Array vanDutton's Avatar
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    I don't think they made the ban retroactive to 76, so those crimes would still be crimes, I believe.

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    Senior Member Array PaulJ's Avatar
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    The only thing I have seen is that they are talking about an amnesty period. Once they got the new registration procedures worked out, you can come forward and register your "hidden" guns. Of course, if for some reason you fail the registration, your gun may be confiscated I would assume.
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    VIP Member Array ExactlyMyPoint's Avatar
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    I would like to hear a lawyer chime in on this, but for those that were charged with a crime, there must be some legal recourse. Your time/energy/money all spent to defend yourself. Then your reputation is destroyed. What about trying to get a job and all of a sudden this felony conviction is on your record and you don't get it. There are economic damages. D.C. should be held accountable for ruining peoples lives with an unconstitutional law.
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    Senior Member Array press1280's Avatar
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    I wonder about the law abiding citizens defending themselves w/a handgun in DC during the ban.You would think they would just pay a fine and lose their handguns.
    The gangbangers they pick up for "weapons charges," are usually cut loose with a slap on the wrist.
    "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
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    VIP Member Array cvhoss's Avatar
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    Quote Originally Posted by exactlymypoint View Post
    I would like to hear a lawyer chime in on this, but for those that were charged with a crime, there must be some legal recourse. Your time/energy/money all spent to defend yourself. Then your reputation is destroyed. What about trying to get a job and all of a sudden this felony conviction is on your record and you don't get it. There are economic damages. D.C. should be held accountable for ruining peoples lives with an unconstitutional law.
    Got to agree with you on this one. If the law was unconstitutional to begin with, any conviction resulting from that should automatically be voided and it should open up the ability to sue for damages. Saw a report a while back about a guy that had spent 20 years in prison for a rape and DNA cleared him. Even though he was legally charged and convicted for a valid crime, he is eligible to be compensated for the 20 years he spent in prison. Someone illegally charged and illegally convicted for breaking an illegal law should have no less of an opportunity. I just wish they could make it so that the mayor, politicians, police chiefs, etc. responsible for the law to begin with would have to pay the damages out of their own pockets.

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    VIP Member Array Nick's Avatar
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    Quote Originally Posted by seedoubleyou View Post
    They wouldn't allow citizens to own guns in their house since 1976. I'm sure that somebody must have gotten in trouble for owning a gun. I was just wondering what they were charged with and what the penalty was..... Also since the law was deemed unconstitutional, do they now get compensation from the government... A refund of fines and legal fees paid? Just wondering.
    CW

    In theory they should have the remedies you mentioned, in practice there are none. The courts will take the view that the law was the law at the time the offense was committed.
    "To disarm the people is the best and most effective way to enslave them."
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    VIP Member Array Cupcake's Avatar
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    I dunno...It's not that the ban was repealed legislatively, SCOTUS determined that it was illegal all along.
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    VIP Member Array Eagleks's Avatar
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    Quote Originally Posted by vanDutton View Post
    I don't think they made the ban retroactive to 76, so those crimes would still be crimes, I believe.
    Not if it's ruled Unconstitutional... .. an attorney should immediately file and bring it to court for review. But, it's not automatic.

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