Revised “District of Columbia Personal Protection Act” Introduced

This is a discussion on Revised “District of Columbia Personal Protection Act” Introduced within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; From the NRA-ILA Website: NRA-ILA :: Legislation Revised “District of Columbia Personal Protection Act” Introduced Thursday, July 31, 2008 This legislation (H.R. 6691) is necessary ...

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Thread: Revised “District of Columbia Personal Protection Act” Introduced

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    Revised “District of Columbia Personal Protection Act” Introduced

    From the NRA-ILA Website:

    NRA-ILA :: Legislation

    Revised “District of Columbia Personal Protection Act” Introduced

    Thursday, July 31, 2008


    This legislation (H.R. 6691) is necessary to enforce the U.S. Supreme Court’s decision in District of Columbia v. Heller, by repealing the District’s recently enacted unconstitutional restrictions on its residents’ right to keep and bear arms.


    1. Repeal D.C. Ban on Semiautomatic Pistols

    In Heller, the Court held that “Handguns are the most popular weapon chosen by Americans for self-defense in the home, and a complete prohibition of their use is invalid”. Semiautomatic pistols are the most commonly owned handguns in the United States (75 percent of the handguns sold in the past 20 years are semiautomatics), and are therefore “the most popular weapon chosen by Americans for self-defense in the home”. The new D.C. City Council ordinance continues the 30-year old ban on semiautomatic pistols, which clearly violates the Heller decision. This bill repeals D.C.’s ban on semiautomatic pistols in order to comply with Heller.

    2. Restore Right of Self-Defense in the Home

    In Heller, the Court held that “the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is therefore unconstitutional.” The D.C. ordinance provides that trigger locks may only be removed and firearms made operable if there is an “immediate” threat of danger. Once a threat is “immediate”, however, there is no time to remove a trigger lock or assemble a firearm. This clearly violates the Heller decision. This bill repeals D.C.’s requirement that firearms be disassembled or secured with a trigger lock in the home.
    3. Repeal Registration Requirement

    The D.C. ordinance maintains an extremely burdensome registration process for handguns and ammunition, requiring: multiple visits to police headquarters; ballistics testing; passing a written test on D.C. gun laws; fingerprinting; and limiting registration to one handgun per 90 days. Each of these must be met before D.C. residents are allowed to legally own a handgun. This bill repeals the current D.C. registration system, which is unduly burdensome and serves as a vehicle for even more onerous restrictions.

    4. Allow D.C. Residents to Purchase Handguns

    Federal law prohibits the purchase of a handgun outside of a person’s state of residence. There are currently no firearms dealers in the District of Columbia, nor are there likely to be in the near future. Therefore, D.C. residents are allowed under the Heller decision to possess handguns, but are prohibited by federal law from purchasing handguns. This bill creates an exemption to the federal ban on interstate handgun sales by allowing D.C. residents to purchase handguns in Virginia and Maryland.



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    On face value it sounds great. However, Speaker of the House Nancy Pelosi has indicated that, at present, she will not allow members to vote on legislation that would undo the current gun laws in D.C.
    "Society never advances. It recedes as fast on one side as it gains on the other. It undergoes continual change; but this change is not [an improvement]. For everything that is given, something is taken."
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    Well, it would sure be nice to see this pass, that's for sure!
    “What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia

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    This legislation (H.R. 6691) is necessary to enforce the U.S. Supreme Court's decision in District of Columbia v. Heller, by repealing the District's recently enacted unconstitutional restrictions on its residents' right to keep and bear arms.
    Nonsense. The legislation has nothing to do with enforcing the Court's opinion. The Congress has plenary authority over the laws in DC according to Article I of the Constitution. They could have and should have introduced and passed this legislation the minute the repugnant DC laws were created.

    If the members of Congress refuse to uphold their oath of office then the PEOPLE should vote them out.

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    Yes indeed, but this has gone on forever

    Quote Originally Posted by SelfDefense View Post
    Nonsense. The legislation has nothing to do with enforcing the Court's opinion. The Congress has plenary authority over the laws in DC according to Article I of the Constitution. They could have and should have introduced and passed this legislation the minute the repugnant DC laws were created.

    If the members of Congress refuse to uphold their oath of office then the PEOPLE should vote them out.
    Yes, indeed, they should be voted out-the lot of them from both sides of the aisle; but this DC thing has gone on now forever, with absolutely no difference as to which party holds the majority of house and senate, and with absolutely no difference with respect to who holds the White House (and thus the Veto).

    So, sadly, whether you or I or anyone else likes it or not, the only recourse for protecting our civil rights is the SC and the responsiveness of lower courts to their edicts.

    I won't hold my breath for Congress to change the DC gun law regardless of election outcome; and even if one party or the other holds 60 seats in The Senate, a 40 point majority in The House, and it is the same party as that holding the White House, absolutely nothing will be done by the legislature to support the court's view.
    It ain't going to happen; exactly as desegregation was not going to happen until the SC spoke on the matter. And there are innumerable other examples.

    What is, as I have pointed out here, downright weird is the fact that so many legislative bodies throughout the US have simply dug in their heels on this issue and will not change their laws; or will only grudgingly change their laws. Again, the other world will freeze solid before NY, IL, MA, CA, change; UNLESS----injunctions are issued, and sanctions given. And as has been pointed out by numerous others, these are the time honored and very routine ways the courts have dealt with such matters since at least the time of the early Roman Empire. And it was understood by the founders that this is what courts do.

    I ain't gonna hold my breath expecting the legislative branch to do didly on this or much of anything else of importance, regardless of who is in charge.

    DYSFUNCTIONAL.

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    Quote Originally Posted by gimpy View Post
    On face value it sounds great. However, Speaker of the House Nancy Pelosi has indicated that, at present, she will not allow members to vote on legislation that would undo the current gun laws in D.C.

    Yep.. but they have a "trick"... refusing to vote and have a quorum on any other legislation unless they call a vote on this and the off-shore drilling bills. The Demo's ... are making complete fools of themselves in most of American's eyes... when 75% or more show they want both of those passed.

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    Elected officials can demand the police make arrests or be fired so the cops pretty much have to.

    However, it'll get no where if the judges kick the charges out. The politicians will be faced with having nothing, or coming up with something.

    (I'm not surprised DC is having problems; check the history of federal territories some time. The feds cannot govern at this level worth squat.)

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    Gee with 1 in 66 person experiencing violent crime in DC and 1 in 3,441 being murdered in the 2005 compared to Texas overall with 1 in 193 experiencing violent crime and 1 in 16,985 being murdered. It would be a little hard to prove the current approach is working.

    http://www.disastercenter.com/crime/uscrime.htm

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    House

    God save Queen Nancy!!
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    I think it's time for the Executive brach to begin enforceing the decision of the court.

    Call in the national guard (haha) or get the DOJ to issue charges of civil rights violations.
    When you've got 'em by the balls, their hearts & minds will follow. Semper Fi.

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    Too bad none of the politicians could get tried for obstruction of justice or something............
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    Quote Originally Posted by sgtD View Post
    I think it's time for the Executive brach to begin enforceing the decision of the court.

    Call in the national guard (haha) or get the DOJ to issue charges of civil rights violations.
    They did it for school rulings, why not the 2A?

    The Prez needs some balls for this one!
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