Wednesday, February 20, 2013

A D.C. Jesuit Buys A Gun - Engaging America 's Repeal The 2nd Amendment Op Ed Part 1

I am going to try to engage part of America's Op Ed on repealing the Second Amendment. There is a good Huff Post article with background on this at  America, Catholic Magazine, Calls For Repeal Of Second Amendment In Controversial Editorial .

Here here is at least part  1 of a  hopefully series of posts.

America as background takes on the the now famous Heller case .

On June 26, 2008, in a closely watched, far-reaching decision, the Supreme Court of the United States struck down the D.C. law, ruling that it violated the Second Amendment to the U.S. Constitution, which states: “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” In the court’s majority opinion, Associate Justice Antonin Scalia wrote: “We are aware of the problem of handgun violence in this country, and we take seriously the concerns raised by the many amici who believe that the prohibition of handgun ownership is a solution.... But the enshrinement of constitutional rights necessarily takes certain policy choices off the table.”

Justice Scalia was right. Even those who subscribe to methods of constitutional interpretation other than Mr. Scalia’s brand of modified originalism must concede the basic point: The Second Amendment impedes the power of the government to regulate the sale or possession of firearms. Unfortunately, the grim consequence of this constitutional restriction is measured in body counts. The murder of 20 elementary school children and six adults in Newtown, Conn., in December was merely the latest in a string of mass shootings: Virginia Tech, Fort Hood, Tucson, Aurora, Oak Creek. In the last 30 years, there have been 62 mass shootings (each leaving at least four people dead) in the United States. Since the 1999 shooting at Columbine High School in Columbine, Colo., there have been 130 shootings at schools; nearly half involved multiple deaths or injuries.

Now there is  major problem here. It is true that Heller is far reaching since they are explict that firearm ownership is a individual right. However they DID NOT touch on the many many many many  laws and regulations that go as to sale or possession of firearms.

Let us see if all "reasonable" gun restrictions have Gone with the Wind in D.C that was the subject of the Heller case .

Lets says a good Jesuit that lives in the District of Columbia wishes to buy a handgun. What will he have to do.

Step 1  Buy your Handgun but make sure it's on the approved 3 state list.
Make sure it holds no more than 10 rounds. Note you are going to have to go to a local dealer in the area since most handguns come with a standard 13 mag. That means you got to get someone to open the box switch out the mag with a 10 one so it can be accepted  for delivery in the district . That means most  big online sales from dealers are not going to happen. No one is going to be switching out mags at the warehouse. Your 10 DAY WAITING PERIOD begins.

Step 2  PAY ( they don't do this for free ) to have the gun you purchased to be shipped to the ONLY federal firearms licensee (FFL). That is  D.C.’s only legal gun dealer.

Step 3 - Get the required forms you need from the D.C. Metropolitan Police Department. Sadly these forms are not online ( of course ) so you have to go get them or call them to send them to you.

Step 4 - Fill out forms send them back the D.C. 's ONLY legal gun dealer.

Step 5 - Take 30 minute online Course  on fundamentals, safety and local laws. Then  print our Certificate sign it .

Step 6- The handgun  arrives to D.C. ONLY LEGAL GUN DEALER so you have to set up an  appointment to fill our registration form. Go to the MPD where the gun dealer is at .Bring $125 fee in cash and the FBI BACKGROUND CHECK IS DONE.

Step 7 Take the test ( though this is pretty easy )

Step 8 Fill out more forms get photographed and fingerprinted

Step 9 GO TO THE  DMV ( Horrors ) This step alone perhaps is enough to stop most handgun buying  in you live in the District. After waiting through the long line ( s)  Pay $48 dollars in Cash get receipt .

Step 10 Take your and receipt and trek back to the Metropolitan Police Department. The registration office staff will tell you what day to come back for the end of the ten-day waiting period. Don't expect them to call you.

Step 11- Go back to the MPD. The day before waiting period ends  contact D.C. only legal gun dealer located in the MPD too see if application approved. Then make appointment to pick gun up. Make sure you have a  lock and a case so you can transport the gun home.

Suggested Step 12- Make sure to keep up with all D.C. gun laws in the future so you don't accidentally become a criminal and have to go through a long legal process.

All these restrictions though burdensome  are likely to survive court scrutiny up in the District. . Just like the District's ban on assault weapons.

So it's not really the case that just because the Court has ruled that one cannot just art Blanche ban the most common firearm in American that Judges just left and and right are striking now "reasonable" gun laws done by our elected officials.

I think America is missing that  fact that it doubles down like they did in the Op-Ed . In this case waiting periods , registrations , background checks , plus a lot of hassle have all been proposed as reasonable. In fact they are have been proposed as necessary to prevent misuse of firearms by gun control advocates. There is no real indications these laws are going away in the District.

Thanks to this article that explains process on how to buy an gun if one lives in the District of Columbia .


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