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August 3, 2014, 05:48 PM | #101 | |
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The DC Government isn't a Federal Agency therefore the 30 day rule applies. Aug 26. |
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August 4, 2014, 08:34 AM | #102 |
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It's a federal enclave? And I'm given to understand the police chief works with a US Attorney?
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August 4, 2014, 10:26 AM | #103 | |
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DC's local government operates like a cross between a city and a state government. Even though it has a home rule charter Congress still technically has the final oversight and say over any laws passed. Of course, DC's Police Chief co-ordinates with the US Attorney's office. With so much Federal property in DC that is necessary, but the chief is appointed by the Mayor and answers to the Mayor. |
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August 4, 2014, 12:03 PM | #104 | ||
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August 4, 2014, 01:08 PM | #105 | |
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August 4, 2014, 01:13 PM | #106 | |
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August 4, 2014, 01:39 PM | #107 |
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DC is often referred to by many as a federal enclave which isn't totally accurate. The DC Government is a municipal government, not federal. It answers to Congress but it's not part of the Federal Government. It gets funding from the Federal Government which is mostly intended to make up for the lost revenue caused by DC not being able to tax the massive amount of federal property within it's borders. DC has a limited form of home rule whereas it can pass it's own laws and collect taxes. Those laws are still subject to approval by Congress. It has an Attorney General like a state but it's not a state.
I know people will continue to call DC a federal enclave no matter what I write here. My point is that the DC Government is not a branch of, nor is it part of the Federal Government. It is in the same category as a state government. |
August 5, 2014, 08:07 AM | #108 |
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The District of Columbia is a Federal District and came into existence via operation of the Constitution itself:
Article I, Section 8, clause 17 - To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;Simply because the Congress writes various laws that treats DC as if it was a State, does not detract from the fact that this enclave is, and barring further amendments, a Federal District, and treated within the Federal Courts as any other Federal Agency. Further, it should be remembered that it required an amendment to the Constitution in order for the residents of this Federal District to be able to vote in the Presidential Election. See Amendment 23. |
August 5, 2014, 12:37 PM | #109 | |
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It looks as if they're not going to appeal, but that they'd rather come up with a law modeled on Maryland's standard.
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August 5, 2014, 01:06 PM | #110 | |
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From Tom's link:
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SAF, ACLDN, IDPA, handgunlaw.us My AmazonSmile benefits SAF I'd rather be carried by 6 than caged by 12. 2020: It's pronounced twenty twenty. |
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August 8, 2014, 08:16 AM | #111 |
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I was glad I could make it down during the window. I CC'd for the most part but had a few photo op's when the coast was clear.(Went viral on the internet) Between the flat top and gut I figured anyone who noticed would think I was a cop anyway. Can't seem to search and post pics for crying out loud.
Last edited by hvymax; August 8, 2014 at 11:03 AM. |
August 11, 2014, 12:07 PM | #112 |
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Hmm, from Tom's link it sounds to me like one of their justifications for why this should not be allow to fly in D.C. is that an armed populace is intimidating to those in power. Interesting
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August 19, 2014, 03:16 PM | #113 |
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DC's Answer to Gura opposition to stay pending Appeal
Since the Court Archive still does not have the DC Answer posted I will link it here: http://apps.washingtonpost.com/g/doc...n-ruling/1197/
DC stated that it will file for reconsideration. Overall, the DC answer appears weak. It rambles and presents a new and rather unique argument in the answer. They argue that we don't need citizens carry firearms in public, that is what armed police are for. - See footnote 5. This really is a case of DC grasping at straws. Hopefully the judge does not give an answer to DC until the 90 days are almost up. Last edited by Segerrik; August 19, 2014 at 03:24 PM. Reason: Not done typing |
August 19, 2014, 05:07 PM | #114 |
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We don't need citizens having freedom of speech, either. Expressing political opinions is what we have politicians for.
Weak. |
August 19, 2014, 06:30 PM | #115 |
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We already have 18 state and federal cases that ruled the police have no duty to protect an individual. Now DC is going to tell us the police will protect us. Sorry, can't have it both ways. I'm tired of hearing only the police should have guns rhetoric.
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August 20, 2014, 06:25 AM | #116 | |
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August 20, 2014, 10:12 AM | #117 | |
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Violence is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and valorous feeling which believes that nothing is worth violence is much worse. Those who have nothing for which they are willing to fight; nothing they care about more than their own craven apathy; are miserable creatures who have no chance of being free, unless made and kept so by the valor of those better than themselves. Gary L. Griffiths (Paraphrasing John Stuart Mill) |
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August 20, 2014, 10:22 AM | #118 |
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You do recall correctly, it was Warren vs District of Columbia.
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August 21, 2014, 07:44 PM | #119 | |
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Maryland seems to have a fair number of CCW, but in fact the great majority of those are retired LEO or and highly conditional some employment based allowing only for specific employment activity). Dc is actually emboldened by Maryland's court victory and will write even more restrictive laws In reality without police documented threats to your life you can forget getting a CCW in DC. And there will be no reciprocity whatsoever. |
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August 21, 2014, 08:51 PM | #120 | |
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August 22, 2014, 06:03 AM | #121 | |
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If you recall, post heller, DC required all of the following for simple ownership which it kept for years and later dropped: - expensive live training - same caliber restriction on ammo - fired casings - fired round - applicant supplied photo And the differentiation between "May issue" and "No issue" has become sophistry as illustrated by the recent case law on Maryland's regs. I believe DC will write the most restrictive CCW ever seen, and sadly I believe this will embolden other jurisdictions to follow. I think they will issue a handful to retired LEO working as investigators or security, (say ironically, like Bloomberg's security detail) and then wait out the court challanges As far as the make-up of the court a SCOTUS decision on such regs would occur after Obama, during perhaps Hillary's term and the actuary tables suggest she will be replacing several justices. |
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August 22, 2014, 06:29 PM | #122 | |
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From Judge Scullin's Opinion:
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Gotta love the caveat for non-residents of DC as well. Reminder that the District has 30 days to Appeal to Circuit. That will happen by next Thursday, 8/28. IF DC does Appeal by then, they will likely ask for, and get, a Stay of Mandate while the case spends the next year or two going through Appeals. How this will all shake out depends on the next move, which belongs to DC.
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Mark C. DFW, TX Last edited by krucam; August 22, 2014 at 07:48 PM. |
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August 22, 2014, 07:56 PM | #123 | |
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August 22, 2014, 08:59 PM | #124 |
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Looks like DC is going to appeal!
Whoda thunk it?
Of course, this is just the chairman of the city council, but it seems to be the way the wind is blowing there! This may be the one the Supremes are looking for.
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August 23, 2014, 06:56 AM | #125 | ||
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Who does have the authority to appeal this case? Then he goes on to say the city just asked the court for 6 more months to rewrite it's gun laws. Why would they do this if He is going to appeal? |
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