Other State U.S. v. Class - Gun Possession in DC

[RicInOR]

Second Amendment Doesn't Protect Gun Possession in Capitol Parking Lot

So the D.C. Circuit held today.

reason.com

Capitol. 40 U.S.C. § 5104(e). Rodney Class pleaded guilty to violating this law after parking a car containing three guns on a street near the Capitol. He now argues that, as applied to his case, the law violates the Second Amendment and the Due Process Clause of the Fifth Amendment. These claims lack merit, and we affirm his conviction.

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[bbbass]

Reason... Not!

Heller got that part wrong... "shall not be infringed"!

 

[awshoot]

Finally, as the owner of the Maryland Avenue lot, the government—like private property owners—has the power to regulate conduct on its property. See [Adderley] v. Florida, 385 U.S. 39, 47 (1966) (observing in the free-speech context that the government, "no less than a private owner of property, has power to preserve the property under its control for the use to which it is lawfully dedicated"); cf. Bonidy v. U.S. Postal Serv., 790 F.3d 1121, 1126 (10th Cir. 2015) (observing that when the U.S. Postal Service acts "as a proprietor rather than as a sovereign, [it] has broad discretion to govern its business operations according to the rules it deems appropriate").

So when someone does something on my property I don't like, I can convict and imprison them? LOL -- all I can do is tell them to leave. Huge distinction between that and using force to arrest, try, convict, and imprison the person.

 

[GWS]

How did they even find the guns in the first place?

 

[RicInOR]

This case has been around a while

" A majority of the court also sided with Rodney Class, a veteran from North Carolina who in 2013 parked his Jeep in a lot near the U.S. Capitol. Inside were three lawfully ... "

"Rodney Class" at DuckDuckGo

DuckDuckGo. Privacy, Simplified.

duckduckgo.com

 

[awshoot]

How did they even find the guns in the first place?

This is a lesson against leaving things in plain view in a car (which in DC has to be especially inadvisable because of the crime that happens there).

On May 30, 2013, Rodney Class parked his Jeep in a secured parking lot near the U.S. Capitol ...

Class' car drew the attention of police officers, who noticed a large knife and an empty gun holster inside. He admitted he had weapons in the car and police found three guns after searching the Jeep.

DC Circuit Affirms Conviction of Capitol Gun-Toter

A year and a half after his victory at the Supreme Court, the D.C. Circuit on Friday rejected an argument from a self-proclaimed “constitutional bounty hunter” that his 2014 guilty plea should be invalidated because a ban on guns on the grounds of the U.S. Capitol is a violation of the Second...

www.courthousenews.com

 

[GWS]

This is a lesson against leaving things in plain view in a car (which in DC has to be especially inadvisable because of the crime that happens there).

DC Circuit Affirms Conviction of Capitol Gun-Toter

A year and a half after his victory at the Supreme Court, the D.C. Circuit on Friday rejected an argument from a self-proclaimed “constitutional bounty hunter” that his 2014 guilty plea should be invalidated because a ban on guns on the grounds of the U.S. Capitol is a violation of the Second...

www.courthousenews.com

Bingo!
Think, people! Don't leave things out in view. Some nosy parker is going to be looking in your car and see an opportunity.

 

[ZigZagZeke]

I hope this goes back to SCOTUS for review of the tortured reasoning used by the 2nd Circuit the second time around. This sounds like a judge simply refusing to be corrected and finding any argument he can to thwart that correction.