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Posted: 7/26/2014 2:19:44 PM EDT
I know this is Virginia forum but a lot of us live close to DC. I just read this on another web page. Is this for real or a joke?

http://alangura.com/2014/07/victory-in-palmer-v-d-c/
Link Posted: 7/26/2014 3:35:37 PM EDT
[#1]
Link Posted: 7/26/2014 3:54:06 PM EDT
[#2]
From VCDL:

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Not yet a VCDL member? Join VCDL at: http://www.vcdl.org/join
----------------------------------------------------------------------
VCDL's meeting schedule: http://www.vcdl.org/meetings
----------------------------------------------------------------------
Abbreviations used in VA-ALERT: http://www.vcdl.org/help/abbr.html
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And Liberty marches on - DC becomes a part of America again - at least for now.

The Circuit Court in DC has just ruled in Palmer vs. DC that DC’s ban on the carry of handguns IN PUBLIC by citizens (both residents AND non-residents) is UNCONSTITUTIONAL!

Better yet, they said DC cannot enforce their current ban AT ALL until such time as they pass a licensing scheme that allows citizens to fairly exercise their constitutional right to keep and bear arms!

I’m not an attorney, and have not yet heard from our attorneys on this ruling, but it sure looks to me like I could drive to DC tonight and carry while I’m there. Not just concealed, but CONSTITUTIONAL CARRY - openly OR concealed!

I am not suggesting anyone do so until we have some crystal clear clarity on this.

I imagine that DC might appeal this verdict to the Supreme Court. We should know soon enough.

Here is a link to the announcement on Arsenal Attorneys web site:

http://tinyurl.com/ktdyar6

DC Circuit Court Overturns Ban on Right to Carry Firearms

Today, July 26, 2014, the Circuit Court of the District of Columbia has overturned the DC's ban on the carrying of firearms in public. An excerpt follows and the full opinion can be downloaded from the link below this blog entry.

"In light of Heller, McDonald, 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 ready-to-use handguns outside the home is constitutional under any level of scrutiny. Therefore, the Court finds that the District of Columbia's complete ban on the carrying of handguns in public is unconstitutional. Accordingly . . . the Court grants Plaintiffs' motion for summary judgment and enjoins Defendants from enforcing the home limitations of D.C. Code § 7-2502.02(a)(4) and enforcing D.C. Code § 22-4504(a) unless and until such time as the District of Columbia adopts a licensing mechanism consistent with constitutional standards enabling people to exercise their Second Amendment right to bear arms. Furthermore, this injunction prohibits the District from completely banning the carrying of handguns in public for self-defense by otherwise qualified non-residents based solely on the fact that they are not residents of the District."

------------------------------------------------------

Here are the two code sections that have been STRUCK DOWN (first affects DC residents, second affects everyone, including Virginia residents):

§ 7-2502.02. Registration of certain firearms prohibited.

(a) A registration certificate shall not be issued for a:



(4) Pistol not validly registered to the current registrant in the District prior to September 24, 1976, except that the prohibition on registering a pistol shall not apply to:

(A) Any organization that employs at least one commissioned special police officer or other employee licensed to carry a firearm and that arms the employee with a firearm during the employee's duty hours;

(B) A police officer who has retired from the Metropolitan Police Department;

(C) Any person who seeks to register a pistol for use in self-defense within that person's home; or

(D) A firearms instructor, or an organization that employs a firearms instructor, for the purpose of conducting firearms training.

-

§ 22-4504. Carrying concealed weapons; possession of weapons during commission of crime of violence; penalty.

(a) No person shall carry within the District of Columbia either openly or concealed on or about their person, a pistol, or any deadly or dangerous weapon capable of being so concealed. Whoever violates this section shall be punished as provided in § 22-4515, except that:

(1) A person who violates this section by carrying a pistol, or any deadly or dangerous weapon, in a place other than the person's dwelling place, place of business, or on other land possessed by the person, shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 5 years, or both; or

(2) If the violation of this section occurs after a person has been convicted in the District of Columbia of a violation of this section or of a felony, either in the District of Columbia or another jurisdiction, the person shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 10 years, or both.

----------------------------------------------------

Here’s a link to the ruling in PDF format (thanks to Arsenal Attorneys):

http://tinyurl.com/lgr27yw

A heartfelt thanks to the Second Amendment Foundation (saf.org) for bringing this suit and winning it!

Now, who’s got the champagne?



---------------------------------------
Link Posted: 7/26/2014 4:19:46 PM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
From VCDL:

----------------------------------------------------------------------
Not yet a VCDL member? Join VCDL at: http://www.vcdl.org/join
----------------------------------------------------------------------
VCDL's meeting schedule: http://www.vcdl.org/meetings
----------------------------------------------------------------------
Abbreviations used in VA-ALERT: http://www.vcdl.org/help/abbr.html
----------------------------------------------------------------------


And Liberty marches on - DC becomes a part of America again - at least for now.

The Circuit Court in DC has just ruled in Palmer vs. DC that DC’s ban on the carry of handguns IN PUBLIC by citizens (both residents AND non-residents) is UNCONSTITUTIONAL!

Better yet, they said DC cannot enforce their current ban AT ALL until such time as they pass a licensing scheme that allows citizens to fairly exercise their constitutional right to keep and bear arms!

I’m not an attorney, and have not yet heard from our attorneys on this ruling, but it sure looks to me like I could drive to DC tonight and carry while I’m there. Not just concealed, but CONSTITUTIONAL CARRY - openly OR concealed!

I am not suggesting anyone do so until we have some crystal clear clarity on this.

I imagine that DC might appeal this verdict to the Supreme Court. We should know soon enough.

Here is a link to the announcement on Arsenal Attorneys web site:

http://tinyurl.com/ktdyar6

DC Circuit Court Overturns Ban on Right to Carry Firearms

Today, July 26, 2014, the Circuit Court of the District of Columbia has overturned the DC's ban on the carrying of firearms in public. An excerpt follows and the full opinion can be downloaded from the link below this blog entry.

"In light of Heller, McDonald, 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 ready-to-use handguns outside the home is constitutional under any level of scrutiny. Therefore, the Court finds that the District of Columbia's complete ban on the carrying of handguns in public is unconstitutional. Accordingly . . . the Court grants Plaintiffs' motion for summary judgment and enjoins Defendants from enforcing the home limitations of D.C. Code § 7-2502.02(a)(4) and enforcing D.C. Code § 22-4504(a) unless and until such time as the District of Columbia adopts a licensing mechanism consistent with constitutional standards enabling people to exercise their Second Amendment right to bear arms. Furthermore, this injunction prohibits the District from completely banning the carrying of handguns in public for self-defense by otherwise qualified non-residents based solely on the fact that they are not residents of the District."

------------------------------------------------------

Here are the two code sections that have been STRUCK DOWN (first affects DC residents, second affects everyone, including Virginia residents):

§ 7-2502.02. Registration of certain firearms prohibited.

(a) A registration certificate shall not be issued for a:



(4) Pistol not validly registered to the current registrant in the District prior to September 24, 1976, except that the prohibition on registering a pistol shall not apply to:

(A) Any organization that employs at least one commissioned special police officer or other employee licensed to carry a firearm and that arms the employee with a firearm during the employee's duty hours;

(B) A police officer who has retired from the Metropolitan Police Department;

(C) Any person who seeks to register a pistol for use in self-defense within that person's home; or

(D) A firearms instructor, or an organization that employs a firearms instructor, for the purpose of conducting firearms training.

-

§ 22-4504. Carrying concealed weapons; possession of weapons during commission of crime of violence; penalty.

(a) No person shall carry within the District of Columbia either openly or concealed on or about their person, a pistol, or any deadly or dangerous weapon capable of being so concealed. Whoever violates this section shall be punished as provided in § 22-4515, except that:

(1) A person who violates this section by carrying a pistol, or any deadly or dangerous weapon, in a place other than the person's dwelling place, place of business, or on other land possessed by the person, shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 5 years, or both; or

(2) If the violation of this section occurs after a person has been convicted in the District of Columbia of a violation of this section or of a felony, either in the District of Columbia or another jurisdiction, the person shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 10 years, or both.

----------------------------------------------------

Here’s a link to the ruling in PDF format (thanks to Arsenal Attorneys):

http://tinyurl.com/lgr27yw

A heartfelt thanks to the Second Amendment Foundation (saf.org) for bringing this suit and winning it!

Now, who’s got the champagne?



---------------------------------------
View Quote

Soooooooooooo, we can carry?

TL;DR and all that...
Link Posted: 7/26/2014 4:24:35 PM EDT
[#4]
Link Posted: 7/26/2014 6:19:50 PM EDT
[#5]
Since they don't respect the FOPA, and have gotten away with that forever, I would think you would still spend the weekend in jail waiting on a magistrate if you carried in DC right now.

-shooter
Link Posted: 7/26/2014 7:55:36 PM EDT
[#6]
I'm not going to be the test case dummy. I do love the decision though.
Link Posted: 7/26/2014 9:38:29 PM EDT
[#7]
The Credit Card Accountability, Responsibility, and Disclosure act that lets us CCW on national parks now means you'll also be able to carry on the national mall, archives, smithsonian, etc. as the National Park Service runs all the monuments.

This was never tested before because the problem from the start was getting a firearm into DC or outside of your house if you lived in the district.
Link Posted: 7/27/2014 9:06:17 AM EDT
[#8]
Link Posted: 7/27/2014 9:27:52 AM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I think it also means that non-residents should now be allowed to "register" one or more handguns with them.

Anyone know what form to use for that.  I'd like to file one, just to annoy them, if nothing else.
View Quote


Our own version of Coward-Piven.

I like it!
Link Posted: 7/27/2014 9:48:38 AM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
The Credit Card Accountability, Responsibility, and Disclosure act that lets us CCW on national parks now means you'll also be able to carry on the national mall, archives, smithsonian, etc. as the National Park Service runs all the monuments.

This was never tested before because the problem from the start was getting a firearm into DC or outside of your house if you lived in the district.
View Quote



Can't carry into buildings. So just on the mall.
Link Posted: 7/27/2014 7:23:35 PM EDT
[#11]
To those of you saying "I'm going to carry in DC tomorrow!", I would be VERY cautious here.

Your normal carry weapon, even if simply possessed within a home in DC, would land you in jail.

More than ten round magazine? Definitely a felony in DC.

Possessing a firearm within 500 ft of a school in DC? Probably still a felony.

Possession of unregistered ammunition? Probably still a felony.

Hollowpoint ammo? Gun not on the Maryland "approved handgun roster"? Lots to think about here.

Savor the symbolic victory, but you need to understand who you are dealing with here before you think about exercising your rights in the black hole of liberty known as DC. I would hate to see any more good people go to jail.
Link Posted: 7/28/2014 6:28:40 AM EDT
[#12]
D.C. police won’t enforce handgun ban; stay of ruling overturning law will be sought

By Julie Zauzmer and Ann E. Marimow July 28 at 12:12 AM ? Follow @JulieZauzmer Follow @amarimow  


D.C. police were told Sunday not to arrest people for carrying handguns on the street in the wake of a judge’s ruling that overturned the city’s principal gun-control law.

However, the D.C. attorney general’s office said it would seek a stay of the ruling while the city decides whether to appeal.

In an order approved by Police Chief Cathy L. Lanier, police were told that District residents are permitted to carry pistols if the weapons are registered. Those who had not registered their handguns could be charged on that ground, the instruction said.

The number of registered pistols is thought to be low.

Lanier’s instructions to police also said that residents of other jurisdictions without felony records would not be charged under the ban on carrying pistols.


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.
.....

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?tid=hpModule_13097a0c-868e-11e2-9d71-f0feafdd1394&hpid=z10
Link Posted: 7/28/2014 6:56:54 AM EDT
[#13]
Be very careful if you carry into the city.

Remember: MPD is one of the very many agencies in DC that have authority to arrest you. Just because MPD won't doesn't mean the many others won't. Especially if they are federal agencies controlled by a house that is painted white.
Link Posted: 7/29/2014 9:31:47 AM EDT
[#14]
Just FYI, per the big thread in GD, the court has granted the city a stay with regards to the ruling.

In other words, if you are carrying in DC right now, might be best to GTFO.
Link Posted: 7/29/2014 9:54:39 PM EDT
[#15]
Yeah it didn't last long before they shut it down again.
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