Tuesday, August 5, 2014

We Have Gone Back to the Future and Arrived at the Gates of Hell

Back Then and the Madness Today

“And, ah want them all to be gun nuts, too.”
(/s/ Senator Lindsey "Mint Julep" Graham, R-SC)

Where you going, Mommy?
Off to work sweetie, have a nice day in school
(Note: Cocked and ready to fire - oops)

As I read about the DC open carry approval, I wondered how to piece it all together. Well, I came up with this post, and maybe, just maybe we see a rational, level-headed, and honest broker with common sense in this Judge?

Senior Judge on the United States District Court for the Northern District of New York, Judge Frederick James Scullin, Jr. update on this case:

Judge Scullin ordered the District of Columbia to stop enforcing its restrictions on carrying handguns on the streets of the nation's capital. The decision also forced the District government to allow out-of-state concealed carry and open carry permit holders to wield their weapons within steps of the White House.

Senior District Court Judge Fredrick Scullin Jr., ruling from his regular post in Syracuse, New York, said that the case is a no-brainer. Based on the U.S. Supreme Court's 2008 ruling in DC v. Heller, which validated the individual right to bear arms, Scullin said the city's gun laws were clearly unconstitutional. He sided with the plaintiffs, who argued that while the city passed a law requiring a permit to carry a handgun in public it then refused to grant them to anyone who planned to carry their weapons outside their homes, a move that violated the Second Amendment.

The Heller case, spearheaded by Alan Gura, the same lawyer who won this weekend's ruling, struck down DC's long-standing ban on the ownership of handguns. But in complying with the ruling, the city passed new laws in 2008 that were so restrictive that, the court said, they still prevented virtually anyone from getting a license to carry a handgun outside of their homes. And that, Scullin said, just won't fly.

Thus on July 26, 2014, Judge Scullin struck down the DC ban on carrying handguns outside of a person's home, saying that the ban violated the Second Amendment. He wrote in part that:

“…there is no longer any basis on which this court can conclude that the District of Columbia's total ban on the public carrying of ready-to-use handguns outside the home is constitutional under any level of scrutiny.”

In response to the ruling, the D.C. Metropolitan Police determined that non-residents bearing firearms in the district are subject to the handgun laws of their home jurisdiction; in effect, this makes the District much more permissive of firearms.

Now, on July 29, 2014, however, and in response to a partially unopposed motion filed by the District of Columbia, Judge Scullin issued a 90 day stay of his initial order. The stay will expire on November 28, 2014.

Who is Judge Scullin? On September 12, 1991, he was nominated to the Northern District bench by President George H. W. Bush (he had also served under President Reagan). He was confirmed by the Senate on February 6, 1992. He received his commission on February 10, 1992. He served as Chief Judge of the District from 2000 until 2006, when he assumed senior status. Scullin was also appointed by Chief Justice Rehnquist to the United States Foreign Intelligence Surveillance Court for a term of seven years running from 2004 until 2011.

As evidence by all the press and PR from the NRA, GOP, gun nuts, and pictures from all over the place with guns strapped on hips and rifles slung over shoulders in so many public places leads me to this conclusion: it's madness, utter madness and only question remains, just because it's a right, why does it mean it has be displayed this way? Then, I recalled the words of my Dad when I was young, and the words from this great man, too.

I leave it at that:

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