Remember my analysis and prediction, yesterday? Which made me feel kinda dumb, since I said I figured we’d see some licensing movement in two months, but then Fenty made statements about 21 days. I wasn’t quite as wrong as I thought - the 21 days aren’t necessarily when they’ll start, but is when the police will release the requirements and processes. When they’ll then start accepting applications is not so concrete.

My disappointment, though, is that I was so silly as to think that the D.C. government, faced with the obvious and inevitable, would decide to just do what they have to do. No, instead Mayor Fenty et all have decided they haven’t pissed away enough of the city’s money on this battle, and rather than focus on writing gun licensing regulations that might make all of us safer and survive the inevitable legal challenges, they’re going to attempt to enforce other gun laws on the books that obviously are out of line with yesterday’s decision.

[interim D.C. Attorney General Peter] Nickles said the District will continue to enforce a separate decades-old D.C. ban on the possession of most clip-loaded semiautomatic handguns, which are popular with gun enthusiasts.

That regulation, which outlaws machine guns and was not part of the Supreme Court case, defines a machine gun in broad terms, encompassing semiautomatic weapons that can shoot, or be converted to shoot, more than 12 rounds without reloading, officials said. Nickles said that law remains on the books and will be enforced.

I can only hope that (a) the Washington Post will prod article writers Paul Duggan and David Nakamurato be a little more precise with their language in the future, since a ban on “semiautomatic weapons that can shoot, or be converted to shoot, more than 12 rounds without reloading” isn’t a limit on machine guns, it’s a limit on almost any self-loading type of pistol and (b) Nickles will read the opinion issued by the court and notice how often Scalia talks about “common” weapons. Self-loading handguns outsell revolvers 3 to 1, which pretty well fits into the definition of common.

So like it or not, enforcing this other law is just an expensive guaranteed return trip to the court in order to lose. It’s unlikely it will get far; this is so obvious on its face that the lower courts are going to rule against the city and appeals likely won’t get far. However that doesn’t mean it’s not a waste of resources we can’t afford. Let’s accept reality and work within it, and be ready for the inevitable other lawsuits that are going to come up over license restrictions. The universe - and the NRA - give away trouble for free. There’s no need to go looking for it.

UPDATE: Just noticed that Ben Winograd over on SCOTUSBlog addresses this idiocy, provides a salient example, and suggests that DC should fix this statute before the courts or the congress fixes it for them. Starts on paragraph 6.

April fool, courtesy of Djuliet

Mayor Fenty, Interim Attorney General Nickles and Chief of Police Lanier are starting their press conference momentarily on the steps of the Wilson Building downtown. WTOP Radio (103.5FM/1500AM) will be broadcasting the event live, and we’ll have a liveblog going here.

Mayor Fenty is speaking now: He’s welcoming everyone, including Chief Lanier and AG Nickles, and several of the City Council.

“Unfortunately and disappointedly, the Supreme Court did not hold up the three-decade old ban.”

Mayor Fenty has directed the Police Department to begin an orderly process for licensing handguns to citizens for home defense. Before you may lawfully possess a firearm, handgun or not, it must be licensed.

There must be a process within 21 days to register new handguns. During that time, the old law remains in effect. You MAY NOT POSSESS A HANDGUN INSIDE YOUR HOME at this time.

The City Council will be working with the Mayor to create effective regulations for storing firearms in your home.

It seems to have been a pretty short event, as WTOP has now cut away.

Mayor Fenty on U St - Originally Uploaded by DCMatt

If you’re sitting there pondering what you’ll purchase for your arsenal at home - or stewing in dread over an influx of weaponry - you should take note of one section from the court’s opinion.

Before this Court petitioners have stated that “if the handgun ban is struck down and respondent registers a handgun, he could obtain a license, assuming he is not otherwise disqualified,” by which they apparently mean if he is not a felon and is not insane. Brief for Petitioners 58. Respondent conceded at oral argument that he does not “have a problem with . . . licensing” and that the District’s law is permissible so long as it is “not enforced in an arbitrary and capricious manner.” Tr. of Oral Arg. 74–75. We therefore assume that petitioners’ issuance of a license will satisfy respondent’s prayer for relief and do not address the licensing requirement.

The court hasn’t said there’s a problem with licensing, and in other places in the opinion stated outright that some restrictions on the what, where, and how of having a weapon are perfectly okay. So what’s probably going to happen - any grandstanding to the contrary - is that the DC government is going to have to set up some structure for license applications and start processing them. The people who have been waiting with baited breath for this decision are probably going to wet themselves with anger, but the reality is that it’s unlikely any court will order them to have this done and operational in a very short period of time. Personally I’d wager that the process will be set up and operational no sooner than 60 days from now, very possibly even longer.

The devil here is in the details, though, and what exactly the licensing rules look like. Will the council be involved in drafting the rules or will they hand it off to an existing department? If you want press credentials in DC you go to a police spokesperson - will the council put the police in charge of issuing licenses or will they create a new body? What information will they want, and how many lawsuits are we going to see over that, given federal restrictions on how long you can jerk around with background checks and the like? Tom says the AG indicates you can expect to be fingerprinted, but what the city will want to do with those fingerprints is an interesting question.

All those questions assume that there’s not going to be a lot of pointless grandstanding and refusals, or writing of deliberately bad law. Maybe I’m giving the District leaders too much credit, but I presume they know better than to pass a licensing law that is so restrictive that nobody can qualify. That would surely be a one-way ticket to a court order, assuming the congresscritters don’t get involved. Aside from the fact that I think we have what could be the basis of a pretty good compromise here (you can have a gun but you need a license and you have to keep it at home), we don’t do the case for D.C. independent rule any good when the people who do the ruling look like unlawful jackasses.

ALBERTA, MEDICINE HAT 1915/1921 (horse) Team license plate courtesy of woody1778a

The Supreme Court has upheld the opinion of the DC Circuit Court, in a 5-4 decision, ruling that DC’s ban on handguns is unconstitutional. Specifically, it is the opinion of the court that there is an individual right accorded by the 2nd amendment, not to be infringed upon by any act of the legislature. In addition, it is the opinion of the court that the ban on storing shotguns and rifles in a disassembled or trigger-locked state is also unconstitutional.

There will be a response from the city shortly.

You can read the Opinion written by Justice Scalia. The Dissenting Opinions are after the Majority Opinion, beginning on page 68 and 114. The big quote from syllabus is this one, which affirms that citizens have a constitutionally endowed right to own a firearm:

The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.

In addition, it is not a blanket right without exception:

The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of fire-arms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons.

So don’t go thinking you’ll be able to buy a tommy gun or a bazooka for use as part of some wacky and bizarre home defense plan. Do, however, pay close attention to the section on trigger locks and disassembly requirements, which were also ruled as unconstitutional:

The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment. The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of “arms” that Americans overwhelmingly choose for the lawful purpose of self-defense…Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional.

There’s going to be a lot to think about in the next few days.

Desert Eagle .44 - originally uploaded by Barjack

Well, as some of you may be aware, because you are either extra stinky today, thirsty, or just plain out of the wet stuff, WSSC reported a water main failure this morning in Montgomery County. Now, as of the most recent update, it’s now two breaks, which occurred after initiating standard procedures to shut down valves to identify where the leaks are occurring and what is affected overall. There are a number of government closings listed here (aren’t you glad school’s out?!). Good news, and there supposedly is some of it, by 7:30pm tonight we’ll have our water back, but as with every upside, there is a down. The water purification recommendations will be in effect for the next three days (until Thursday).

For those of you who will need potable water, it is recommended that you boil your water (rolling boil) for over a minute before you use it (and for those who need cold water, don’t add ice cubes from your automatic ice maker, unless it’s got a filter on it, wait for it to reach room temperature or cool it in your fridge). Other methods for treating your water can also be achieved through typical backpackers methods such as a SteriPen or purification tablets (REI, HTO, or other outdoor store) for larger volumes.

…is the Farmer’s Markets this weekend. With salmonella warnings out there for pretty much every kind of store-bought tomatoes, why not head out the farmers market so you can get some disease-free tomatoes, and meet the people involved in growing them? The Post has a great listing of DC area Farmers’ Markets, and also an interactive Google Maps Mashup with markets separated out by days of the week.

I’ll be at the Courthouse market in the morning tomorrow getting tomatoes for Insalata Caprese with fresh basil. Sounds good, doesn’t it?

Fellow Metroblogging DC writer amandaa and I have been tossing around some ideas for a summer series on the best ice cream in the District and surrounding areas. What better way to cool off on these hot, sultry days that plague this area? To those who like fancy-sounding potentially evil ice cream alternatives, I have to ask: What the hell is the deal with gelato? It’s not ice cream, not an Italian ice and certainly doesn’t come in flavors I understand.

Please help me understand this difference. Better yet, if you have a favorite gelato spot, please let me know. I am will to try it again, but the stuff I got at the cafe under the National Gallery of Art fell short of the mark for being what I would call good or tasty. In fact, I threw out half of it. If you have seen me near ice cream, you know that never happens.

So is gelato really worth pursuing or is my intuition right that it is simply genetically inferior to ice cream?

Is it seriously summer already? Hold on, let me Google that. Oh hey! It’s not.

Could have fooled me though. This is August weather. In June. What kind of cruel joke is Mother Nature trying to play on us?

This reminds me of the weather we had in ‘Nam during the war. I remember it like it was yesterday. The swift boat dropped John Kerry and I off on the banks of the Poo Nahnee river and we had to cut our way through the humidity with our machetes. We had to tie rolls of Bounty to our heads to mop up the constant stream of sweat. We got heat stroke so many times that our reality was more like a dreamworld than our dreamworld was. Hah - one time when we were crossing the Moo Goo Gai Pan river under sniper fire, John tried to windsurf across on a crocodile. Silly ivy leaguer. I came to his rescue and beat the bajeezus out of that croc with the butt of my gun, but lost it along with three fingers and a buttock in the process. I had to retrofit a potato gun I’d bought at Wall Drug on a family vacation into a tofu gun. Now you know why I’ll never be a vegan.

I’ve had enough already! I want my dry, 75 degree days back. I want to be able to open my windows at night. I don’t want to have to take three showers every day. I don’t want to have to run my air conditioner around the clock. I don’t want my jeans to stick to me when I go out at night.

Go away, Summer.

We’ve all seen the news reports lately indicating a rise in violence in the District, with murders up year-over-year, but is it really necessary to start to setup soviet travel checkpoints inside DC? Chief Lanier says yes. In fact, she’s advocating that certain neighborhoods have cordons set up around them, with police controls on who enters and exits the neighborhood. Residents, and those wishing to enter the neighborhood, will have to display ID and a reason to be in the area, or be subject to being turned away, or arrested. Each “Neighborhood Safety Zone” will last for up to 10 days.

Wait. Really? Have we reached a point where we have to put up police checkpoints all over DC in order to feel safe? Needless to say the DC ACLU is on high alert and was seen in the corner mumbling something like “what could they possibly be thinking?”

I know that in situations like this it’s not exactly polite to mock a proposal so clearly, but do you really think that just six officers will be able to create an effective neighborhood-wide cordon?

Agents of the FBI today raided the Prince George’s County home of State Senator Ulysses Currie (D-25 MD), as well as the headquarters of SUPERVALU’s Shoppers Food Warehouse in Lanham, MD. NBC 4 says that the raids are related, but can’t show a correlation. I’m sure we’re going to hear a lot about this in the next few days, as Sen. Currie is chairman of the Budget & Taxes committee in the Maryland State Senate. You can also watch WJLA’s coverage via their website.