DC ban on gun carry overturned!

[2A_Tom]

The comments on that page are ... 'enlightening'... If 'enlightening' is another way to say 'concerning' that is...

OH! Didn't I purple that? Enlightening as to how kind and gentle the anti's are.

D*** missed the purple again.

 

[actaeon277]

Here is a different take on 5 his ruling

Washington State Gun Nut Persuades New York Judge to Dismiss DC Gun Law

The comments are especially enlightening?

The people, and the article, seem to have forgotten the recent rulings on blanket bans.

 

[brotherbill3]

No Idea on Past decisions - and I have NOT yet had time to listen to Emily Millers full discussion on the changes but add this to the list:

But these are from her Face book posts late last evening:

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.

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

Per DC Police Chief Lanier, the only gun arrests allowed now are DC residents with unregistered guns and non-residents who are prohibited under federal laws from possessing firearms. Everyone else is in the clear.

 

[JeremiahJohnson]

No Idea on Past decisions - and I have NOT yet had time to listen to Emily Millers full discussion on the changes but add this to the list:

But these are from her Face book posts late last evening:

Paint me cautious...I'll wait and see. To quote Marty Feldman from "Young Frankenstein" - "...I'm not going to be the first".

 

[brotherbill3]

Paint me cautious...I'll wait and see. To quote Marty Feldman from "Young Frankenstein" - "...I'm not going to be the first".

Oh - I fully agree; I do not plan to be a test case; BUT Ms. Miller also posted "Emily gets her gun ... and carries it on the streets of DC" ... so you know someone might be all up for the test case.

I like the Admiral Akbar meme.

 

[jgreiner]

Holy crap! If I read that right The District of Columbia enjoys Constitutional Carry and recognizes all State issued carry licenses as of right now. Surely I'm wrong?

If that is correct, then a great day indeed. I will start carrying to work....though not AT work. but having it in the car would be a huge relief in the Anacostia neighborhood.

 

[Timjoebillybob]

I realy want to to take some vacation time and drive to DC so I can take a selfie in front of the White House open carrying my Glock 17 with a 33 round mag sticking out of it

Not sure even with this ruling that the 33 rd mag would be legal. I haven't had a chance to fully read the decision but I don't believe it applied to the round restrictions on magazines. So I believe you would still have to have a "DC compliant" mag for it. Although I'm not sure when that law was passed or any grandfather clauses that may apply.

So...are convictions like this one going to be overturned? : Replica bullets, dud shell earn weapons conviction for former Washington man | Fox News

and...does it give strength to defense cases like this one? : Single Mom Facing Three Years in Prison for Not Knowing Gun Laws | Montana Hunting and Fishing

moreover, what of states that reciprocate no other states (e.g. Illinois, NE coast, etc.)? Can they be forced to re-think zero reciprocation?

For the first one, as sad as I am to say it, probably not. He was a DC resident at the time and was charged and convicted of ammo possession that wouldn't fit any of the guns that he had registered there. I don't believe this suit addressed that laws or others such as the mag capacity ones. I'm pretty sure this only applied to carry.

For the second one, maybe maybe not . Since NJ doesn't honor any other license, and doesn't issue non-res. And that it's in the same circuit as D.C. it should. But it wasn't issued by the same circuit that D.C. or NJ is in. D.C. is in the 3rd district, this ruling was issued by the 2nd district which is NY iirc by order of the court of appeals because the 3rd was dragging their feet so long. So I have no idea if it only applies to D.C. or to all the 3rd district. Or even D.C. only and all the 2nd or even both 3rd and 2nd.

 

[CathyInBlue]

WHAT: INGO OC meet-n-greet/photo op
WHERE: Capitol Hill Steps
WHEN: Tomorrow

 

[SteveM4A1]

WHAT: INGO OC meet-n-greet/photo op
WHERE: Capitol Hill Steps
WHEN: Tomorrow

I would take a cheapish gun, just in case it gets seized lol.

 

[JeremiahJohnson]

For the first one, as sad as I am to say it, probably not. He was a DC resident at the time and was charged and convicted of ammo possession that wouldn't fit any of the guns that he had registered there. I don't believe this suit addressed that laws or others such as the mag capacity ones. I'm pretty sure this only applied to carry.

It boggles the mind how he was convicted on an ammunition charge when the shotgun shell was inoperative and the muzzy bullet was just a chunk of lead - no cartridge - no powder - no primer. I guess logic follows though that an ammunition charge would not be overturned by a carry reversal.

 

[JeremiahJohnson]

Someone with some law history tell me: Is this the first time a state or territory has been forced into 100% reciprocity?

Also, if this stands - reciprocity likely will not - but, if it does, wouldn't that make it clear SCOTUS needs to speak to national reciprocity?

 

[Redhorse]

Someone with some law history tell me: Is this the first time a state or territory has been forced into 100% reciprocity?

Also, if this stands - reciprocity likely will not - but, if it does, wouldn't that make it clear SCOTUS needs to speak to national reciprocity?

It'd make it clear that the SCOTUS needs to speak about the right to carry, both OC and CC (some states ban OC), and national reciprocity. It'd also make it clear they need to address whether or not a permit/license should be required to carry at all.

 

[Timjoebillybob]

It boggles the mind how he was convicted on an ammunition charge when the shotgun shell was inoperative and the muzzy bullet was just a chunk of lead - no cartridge - no powder - no primer. I guess logic follows though that an ammunition charge would not be overturned by a carry reversal.

I agree it boggles the mind. iirc There was a guy who was busted for having fired brass in his cup holder in his car. Illegal transportation. It was one or two cases the guy had in his pocket and just tossed them in there.

 

[Hardscrable]

For what it's worth, I just saw this ruling discussed on Fox by 2 of the lawyer contributors. Both were in agreement feeling that this ruling WILL stand. As they are "normal" lawyers vs. NRA/2nd Amend. types, I find their opinion at least encouraging. Time will tell.

 

[Mark 1911]

DC police chief to recognize constitutional carry, for now...

BREAKING: DC Police Chief Will Treat DC as Constitutional Carry Following Court Ruling

 

[brotherbill3]

Formatting screwy - from pgs 16 and 17 of 19 from the last item in the case files from a link on pg 1 ... This is (I believe) the actual court ruling /decision making argument:

In light of

[FONT=TimesNewRomanPSMT,Italic]Heller, McDonald[/FONT], and their progeny, 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 readyto-use handguns outside the home is constitutional under any level of scrutiny. Therefore, theCourt finds that the District of Columbia's complete ban on the carrying of handguns in public isunconstitutional. Accordingly, the Court grants Plaintiffs' motion for summary judgment andenjoins Defendants from enforcing the home limitations of D.C. Code § 7-2502.02(a)(4) andenforcing D.C. Code § 22-4504(a) unless and until such time as the District of Columbia adoptsa licensing mechanism consistent with constitutional standards enabling people to exercise their​

Second Amendment right to bear arms.4 Furthermore, this injunction prohibits the District from

completely banning the carrying of handguns in public for self-defense by otherwise qualified​

non-residents based [FONT=TimesNewRomanPSMT,Bold]solely on the fact that they are not residents of the District.

[/FONT]

 

[brotherbill3]

http://alangura.com/wp-content/uploads/2014/07/07-137-14.pdf

The full memo from Chief Lanier ...

 

[mrjarrell]

David Workman has a piece up on the case and how they're putting in overtime to have this stayed. Also a look at what's on the table with it.

Anti-gun D.C. officials will move fast to stay landmark CCW ruling - Seattle gun rights | Examiner.com

 

[HeadlessRoland]

We owe Alan Gura a beer and a case of his favorite caliber of ammunition. We've finally got them on the run. Forward, men! Hold the line and forward!

The language used is brutal for the would-be controllers. No basis whatsoever, un-Constitutional at any level of scrutiny, injunctions against DC to prevent them hassling passers-through... there is much gnashing of teeth for the would-be tyrants. The war is not over, but this was a great battle to have won. We've got them on the run. Forward, and hold the line! Next up, repeal of the NFA and GCA! Forward!

 

[LP1]

Had to check the calendar to make sure it wasn't April 1st. Might actually be able to take the wife to see D.C. some day!

Perhaps, but where will you put your firearm while inside of all those federal government buildings?