DC Gun Ban just overturned

[R_Bert]

oops.

 

http://alangura.com/2014/07/victory-in-palmer-v-d-c/

[bigun]

Just when you thought it was safe to visit our nation's capital they go and do this. :usa:  :usa:

[K191145]

Not to be a Danny Downer, the decision is great, it's on the books. However I see the DC government not complying with the decision and getting away with it by simply re-wording their laws. I just don't see anyone besides police and government officials owning a gun in DC.

[Oh Shoot]

.... I just don't see anyone besides police and government officials owning a gun in DC.

 

Anyone willing to jump through the registration hoops can legally own a gun in DC. This was about carrying them outside the home.

 

- OS

Edited July 26, 2014 by Oh Shoot

[JayC]

Seems I'll be cooking up a big pot of crow pie for some folks...  I've been saying for 3 years Palmer vs Washington DC was the gateway to removing bans on carrying firearms and turn it into a right.  If (and it should be unless somebody on SCOTUS dies in the next 18 months) this ruling is upheld, it will be a watershed for 2nd Amendment rights.

 

Clearly under this ruling - should it be upheld, TN complete prohibition against long gun carry would be unconstitutional.

[runco]

[URL=http://s963.photobucket.com/user/runco0318/media/fireworksoverdc_zps1febd9aa.jpg.html][/URL]

[Pat]

Isn't it sickening that our nation's capital city is one of the most restrictive in terms of our second protected right of the people? This is fantastic. If it holds, I expect to see a wave of strike-downs across the nation.

[Dustbuster]

Now hopefully they'll pass a concealed howitzer law, and flamethrower permit law. Perfect for that filthy nasty disgusting town....dc, ptooie


Sent from my iPhone using Tapatalk 2 of course it ate my spelling.

[Chucktshoes]

[quote name="Dustbuster" post="1172430" timestamp="1406434034"]Now hopefully they'll pass a concealed howitzer law, and flamethrower permit law. Perfect for that filthy nasty disgusting town....dc, ptooie Sent from my iPhone using Tapatalk 2 of course it ate my spelling.[/quote] Your post does make me wonder if DC has a local flamethrower law. Federally (& in TN) they are unregulated and I have been thinking about building one. It would be amusing to see if they overlooked that particular device in DC as well.

[Dustbuster]

A flamethrower is pretty close to a water pistol ....
Wait, let's get some jackass off of you tube to do a screw w the cops test on this!


Sent from my iPhone using Tapatalk 2 of course it ate my spelling.

[Mike.357]

wow,  is this an Onion story?   :stunned:

 

Who'd a thunk it!       :rock:

[K191145]

Anyone willing to jump through the registration hoops can legally own a gun in DC. This was about carrying them outside the home.

 

- OS

 

Just like in states such as New Jersey, the registration and hoops, and fees and waiting periods etc. are designed to strongly discourage gun ownership. I pretty much see that as a city ban on gun ownership in a way.

[QuietDan]

Not to be a Danny Downer, the decision is great, it's on the books. However I see the DC government not complying with the decision and getting away with it by simply re-wording their laws. I just don't see anyone besides police and government officials owning a gun in DC.

 

The judge granted the plaintiffs their requested injunction. That means that the DC law can no longer be enforced, effective immediately. Anyone in DC with a permit for a handgun in their home can now carry it for their self defense wherever they go. I think the injunction also allows any other person otherwise permitted but not a DC resident to do so as well. It is up to DC government to put new laws on the books that tighten it up that pass legal muster with the very judge that granted the injunction. There was no request for a stay, and the plain language of the judgement suggests that a stay would not be granted. 

 

More lawyerly types than me can read the judgement and correct me if I'm wrong . . .

[Hershmeister]

That opinion is awesome. Total smackdown. Read the whole thing here. Pages 15-17 are the sweet spot http://alangura.com/wp-content/uploads/2014/07/DCT_OPINION.pdf

[bersaguy]

Yep, The FEDs have not had a lot of things going their way in the courts here recently and this is just another case of taking a little more of their bullying away. In all honesty I think the Federal Courts are finally getting tired of having all these cases in front of them that go against the very Constitution they swore to uphold when elected............jmho

[K191145]

The judge granted the plaintiffs their requested injunction. That means that the DC law can no longer be enforced, effective immediately. Anyone in DC with a permit for a handgun in their home can now carry it for their self defense wherever they go. I think the injunction also allows any other person otherwise permitted but not a DC resident to do so as well. It is up to DC government to put new laws on the books that tighten it up that pass legal muster with the very judge that granted the injunction. There was no request for a stay, and the plain language of the judgement suggests that a stay would not be granted. 

 

More lawyerly types than me can read the judgement and correct me if I'm wrong . . .

 

Well I bet some people are going to test the judgment, we will have to see how the DC police and local government respond. I still think the ruling is great, if the DC government and police don't acknowledge the ruling they can tie up the DC courts with case after case.

[K191145]

I know i'm sounding skeptical about it, i'm just thinking about the ruling against Chicago a while back. I doubt it's easy to obtain a firearm there still. Well unless you're a gangbanger and just buy one from your drug dealer with no background check, then it's pretty easy.

[xjsnake]

"STUNNING DEVELOPMENT: DC Police Chief Lanier just told force not to arrest a person who can legally carry a gun in DC or any state"

Emily Miller Twitter July 28th, 2014. https://twitter.com/EmilyMiller

 

"More -- DC police chief using guidance from AG -- grants full reciprocity for all open and concealed carry from others states"

Emily Miller Twitter July 28th, 2014.https://twitter.com/EmilyMiller

 

Obviously tweets don't carry the force of law but this is an interesting development nonetheless.

[Hershmeister]

Not too stunning - the court told him he had to do it

[Hozzie]

Not too stunning - the court told him he had to do it

"She" had to do it. I have worked with/for her agency in DC. She actually seemed pretty reasonable. Haven't followed her closely though.

[E4 No More]

I wouldn't get too excited: http://www.washingtonpost.com/local/dc-attorney-general-plans-to-seek-stay-of-ruling-overturning-districts-handgun-ban/2014/07/27/00d9e9d0-15c5-11e4-9349-84d4a85be981_story.html

 

Meanwhile, Ted Gest, the spokesman for the D.C. attorney general’s office, which defended the handgun ban in court, said it will “be seeking a stay shortly,” so the order by U.S. District Judge Frederick J. Scullin Jr. may not be in effect for long. “Its time of effectiveness could be very short,” Gest said.

Legal experts have said that in many cases all parties in a lawsuit are given the opportunity to appeal a ruling before it takes effect. However, it was decided at some point Sunday that Scullin’s ruling took immediate effect, and that set off efforts to bring the city into compliance.

[LagerHead]

Assuming the ruling sticks, which I believe it will, this could be the end of all "may issue" schemes. 

[Erik88]

Fox News is reporting that you can now carry concealed or openly even if you are not a D.C resident. So long as you can legally carry in your home state.

 

I'm not sure if they have any other restrictions such as a 10 round magazine limit though. I would imagine that it still in effect? 

 

Either way, if this sticks I am excited about visiting our capitol. I haven't been since I was a kid. And no, I'm not brave enough to open carry there. It will be concealed. 

 

 

 

 

http://concealednation.org/2014/07/breaking-emily-miller-dc-police-chief-tells-force-to-allow-full-reciprocity-for-concealed-and-open-carry/

[JayC]

But, what building can you go into carrying?  It would be nice to have one, but all the federal buildings are likely off limits...  although I guess all the national parks aren't off limits under federal law now.

[Oh Shoot]

But, what building can you go into carrying?  It would be nice to have one, but all the federal buildings are likely off limits...  although I guess all the national parks aren't off limits under federal law now.

 

Well, carry in any national parks is dependent on the laws of the state in which it resides. Since DC is not a state, I don't see that the law applies to any national park boundaries within DC period.

 

- OS

Edited July 28, 2014 by Oh Shoot