Wednesday, July 30, 2008

Court Should Act -- DC Is Not Above The Law

On July 15, 2008 this blog reported that the DC Government had intentionally snubbed the Supreme Court.

DC had been allowed 21 days in which to enact legislation that is compliant with courts ruling on the DC Gun Ban. The new legislation that the city council enacted was effectively the same legislation with some very minor changes. They no longer completely ban handguns. Essentially, the Citie's new regulations left in tact all of the points that the court had rejected.

The city redefined all firearms that can fire 12 or more rounds without reloading as “machine guns”, They actually declared that a .22 cal. rim fire rifle with a tubular magazine was a machine gun! They banned ALL semiautomatic handguns, and limited registration to a single handgun. The city also set a registration fee that is to be determined by a non accountable city employee. There are also numerous other requirements that are intended to make registration difficult if not impossible.

They left intact a provision that the court specifically addresses. The court said that the requirement “firearms must be unloaded, disassembled and/or locked at all times”.

The change that they made was to add a statement like, “if an immanent threat occurs, the firearm may be unlocked or assembled and loaded,

The new law has already been appealed to court.

The DC City Council made a number of public statements indicating that they had no intention of complying with the court order. Some samples of those statements were, “we need to make it appear that we are trying to comply”, "it is our duty to make sure that DC residents cannot arm themselves”, and “we need to stretch this out as long as is possible”

In view of the fact that DC has clearly not complied with the court order and they publicly stated that had/have no intentions of complying, the court should take immediate action.

A fair remedy would be to give DC a week to write a new law that the court fines to be fully compliant. For everyday that they take to write the new law, the city should be fined $50,000. If after one week the city is still not compliant, the entire city council should be found to be in contempt, jailed and the city fined $100,000 per day until the requirements are met.

Comments are invited!
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1 comment:

George said...

If anything, I think that you were to easy on DC.

I'm for starting at $100,000/day.
After a week the city pays $1,000,000/day and the jailed council members each pay $1,000/day out of their own pocket!