The battle rages on…
Frank Borelli
Editor-in-Chief
Officer.com
Well, the wonderful DC Government is at it again. Mr. Heller has had to file ANOTHER lawsuit in an attempt to correct the DC government’s unconstitutional behavior.
To recap: More than thirty years ago the District of Columbia banned private ownership of handguns and outlawed the possession of any functional and loaded rifle or shotgun. They got away with it for more than three decades. Then along came Mr. Heller and he sued them so that he could possess a handgun in his own home for self-defense. After the local courts debated it back and forth - some agreeing with him and others not - it ended up in front of the Supreme Court. The Supreme Court struck down the DC law as unconstitutional and clearly stated in its published opinion that the 2nd Amendment is an individual right specifically written to permit citizens to own weapons for immediate needs such as self-defense.
In reaction the DC government drafted and passed “emergency legislation” that makes it 99.9% impossible to own, possess or access a handgun for the purpose of immediate need to defend oneself. Additionally, they’ve written “definitions” of weapons that are quite ludicrous. Calling a government model 1911 .45ACP PISTOL a “machine gun” simply because it loads through the grip from a box magazine is the type of uneducated and narrow-minded action typical of those bound and determined to do what they want no matter what someone else says and FULLY AWARE of the fact that what they are doing is STILL UNCONSTITUTIONAL.
So, Heller has had to file a new lawsuit that he has every reason to expect to win. If I were a member of the Supreme Court I’d be seriously pissed at the way the leadership in DC is thumbing its collective nose at me.
Can’t these “leaders” be held responsible for knowingly and intentionally passing unconstitutional laws? Isn’t there some charge that can be pressed? How about contempt of court? The Supreme Court’s opinion is effectively a legal statement prohibiting such laws from being enacted or enforced. DC is continuing on in the same vein. And it’s not just the 2nd Amendment…
In spite of lawsuits that have been filed, DC’s government continues - through the police department - to prohibit the free movement of free citizens on public roadways. They PROHIBIT an adult citizen from walking on a PUBLIC roadway or driving down a PUBLIC street unless the citizen can prove they have business in the area being entered. Can you say, “Where are your papers, Comrade?”
While the DC Government continues to act in an unconstitutional fashion, citizens fight a legal battle to protect their rights. If the debate was on-going I could understand this. But there is no debate. In the matter of the 2nd Amendment the Supreme Court has “spoken”. That issue has been resolved. The unconstitutionality of DC’s law has been declared. As the city leaders now KNOWINGLY AND INTENTIONALLY continue on the same course, who has the power to charge them with a crime? The Supreme Court? The U.S. Attorney General?
Ultimately the power rests with the people. The free residents of Washington DC need to step up on the next election day and state clearly that they will not tolerate their liberties being taken from them by those “in power”. The CITIZENS need to demonstrate who actually holds the power - and that power is the power of the vote. Get rid of Fenty next time around. Elect a Mayor who will respect the Constitution and the citizens. Elect a Mayor who will appoint a Chief of Police and an Attorney General who respect the Constitution and the citizens.
The burden, for DC, lies on “YOU the people…” In this case, “WE the people” can do little to help aside from offering emotional support.
What do you think?
DC sounds like a Nazi city to me. This stupid city with its draconian gun laws, traffic speed cameras, red light cameras, and crime surveillance cameras is a perfect example of things to come to call cities in the near future. It’s only a matter of time before we’re all implanted with a microchip for our “safety” and security. Mark my words, it is coming.
Is anyone out there shocked about the way the politicians reacted to this? You are right, the Mayor, city attorney and others responsible for blatant slap in the face should be hauled before the Supreme Court and made to answer for their ignorance. You are also right about this not ending with the second amendment. How many times does the Supreme Court have to say “we will not legalize marijuana” before states get it. And let’s not forget about illegal immigration. Lets face it, the list of things that the Supreme Court has ruled on that individual states and communities ignore is long and will not change until the people decide to change it.
I hate to say it, especially on a peace officer website but this is the very reason the 2nd amendment WAS put in the constitution, was for government officials like those in charge of the city of Washington D.C., its the last and final check and balance against tyranny. Its ashame that the LEO of D.C. enforce obviously unconstitutional laws such as these. The question is what would YOU do as a LEO if ordered to confiscate guns, or to otherwise violate peoples God given, unalienable rights as codified in the Constitution??? Would you do as ordered??? Or would you refuse to follow the orders??? Tyrants (read power grubbing politicians) count on “useful idiots” (those who will do what they are told no matter what) to enforce their will…they themselves don’t have the testicular fortitude to do so, its easy to pass laws or declare wars when you aren’t the one being placed in harms way. So what it boils down to is the individual officer and how strongly he or she believes in the constitution as the basis for just law and order.
Don’t take this statement the wrong way…but always remember…the Nazis and communists were “just following orders”
Frank you’ve lived near ‘entitlement city usa’ way too long to not know that the ‘citizens’ are not about to upset their giveaway applecart and try to do what is right and reasonable. Except for a few like Dick Heller of course.
And why should they wait until the next election, take a note from the California (of all places!) playbook and have an immediate recall of all of the know/do nothing pols, of course as mentioned above, there aren’t enough Hellers around to do that…………
I would argue that there are quite enough Hellers, I pray the .gov is not so foolish as to arouse them to arms. It is estimated there are approximately 80 million gun owners in America with approximately 300 million guns, upwards of 3 BILLION rounds of ammo are expended each year (NOT including govt./leo/military). That means if only 1% were to decide enough is enough that there would be 800,000 Americans with 3 million guns and 30 million rounds of ammunition (probably a conservative figure given that those most dedicated to the 2A do ALOT more shooting than most). I don’t say this to incite or suggest ANY political or military action, only to remind you that government has a history of forgetting history and creating policy not on constitutional grounds but rather based on what they can get away with, not on the rule of just law but rather based on feel good, emotional policies that disregard history and fact.
In short, politicians forget the rule of Unintended Consequences!!!
Maybe those 80 million gun owners should get off their backsides and vote. We have done this to ourselves by allowing weak, liberal, sissy politicians to be elected. Lets not deal with the criminals in our society. We don’t want to offend anyone. Lets make up more laws that only effect the citizens that work for a living and lead productive lives. I honestly believe if the average working class person (blue collar middle america) would vote, our country would be way better off than it is right now.
I can’t disagree with you at all subgun!!! Unfortunantly alot of politicans only give lip service the constitution and after they are elected we find out how they really view it, especially when there is pressure to do what is popular rather than what is constitutional.