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Second Amendment Discussion & News We all know people that are "anti-gun". Make your best argument, post statistics, stories, etc that may help state why legal gun ownership is a good thing. Help us all by posting only accurate information.

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Old July 4th, 2008, 08:20 AM   #1
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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.
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Old July 4th, 2008, 09:18 AM   #2
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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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Old July 4th, 2008, 10:15 AM   #3
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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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Old July 4th, 2008, 10:47 AM   #4
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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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Old July 4th, 2008, 03:38 PM   #5
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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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Old July 4th, 2008, 03:58 PM   #6
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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.
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Old July 4th, 2008, 05:53 PM   #7
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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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Old July 4th, 2008, 06:48 PM   #8
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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.
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Old July 4th, 2008, 08:56 PM   #9
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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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Old July 4th, 2008, 09:30 PM   #10
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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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