Fed judge rules DC ban on gun carry rights unconstitutional

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herohog
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Fed judge rules DC ban on gun carry rights unconstitutional

Post by herohog » 28 Jul 2014 13:23

http://www.foxnews.com/politics/2014/07 ... itutional/

"A federal judge in the District of Columbia on Saturday overturned the city's total ban on residents being allowing to carry firearms outside their home in a landmark decision for gun-rights activists.

Judge Frederick Scullin Jr. wrote in his ruling in Palmer v. District of Columbia that the right to bear arms extends outside the home, therefore gun-control laws in the nation's capital are "unconstitutional."

Arsenal Attorneys weigh in at http://tinyurl.com/ktdyar6

And the actul ruling itself at http://tinyurl.com/lgr27yw


"ORDER that Defendants, their officers, agents, servants, employees and all persons in active concert or participation with them who receive actual notice of this Memorandum-Decision and Order, are permanently enjoined from enforcing D.C. Code § 7-2502.02(a)(4) to ban registration of handguns to be carried in public for self-defense by law-abiding citizens; and the Court further ORDERS that Defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of this Memorandum-Decision and Order are permanently enjoined from enforcing D.C. Code § 22-4504(a); and the Court further ORDERS that Defendants, their officers, agents, servants, employees, and all persons in active concert or participation from them who receive actual notice of this Memorandum-Decision and Order from enforcing D.C. Code § 7-2502.02(a)(4) and D.C. Code § 22-4504(a) against individuals based solely on the fact that they are not residents of the District of Columbia. IT IS SO ORDERED."

District of Columbia Code section § 22-4504(a) states:


22-4504(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.

(a-1) Except as otherwise permitted by law, no person shall carry within the District of Columbia a rifle or shotgun. A person who violates this subsection shall be subject to the criminal penalties set forth in subsection (a)(1) and (2) of this section.

D.C. Code § 7-2502.02 states:

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

(1) Sawed-off shotgun;

(2) Machine gun;

(3) Short-barreled rifle;

(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.

(5) An unsafe firearm prohibited under § 7-2505.04;

(6) An assault weapon; or

(7) A .50 BMG rifle.

(b) Repealed.

(appl)
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Re: Fed judge rules DC ban on gun carry rights unconstitutio

Post by Talkinggoat » 28 Jul 2014 13:48

Someone finally has some common sense? Socking.

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Re: Fed judge rules DC ban on gun carry rights unconstitutio

Post by herohog » 29 Jul 2014 10:28

Alan Gura's blog post links to a pdf of a DC Police memo giving its reaction. Essentially:

1. DC residents who carry an unregistered gun can be charged with failure to register it, but not for carrying it. (By implication, those with registered guns can carry them).

2. Nonresidents who carry should not be arrested (but take note of their ID in case that changes).

3. Registrations cannot be denied because the owner is a nonresident.

From Of Arms and the Law
Speedy
AKA: Hero Hog, Dr. Speed and "That fat, old, balding, Grey-bearded gimpy guy"
Louisiana Open Carry Awareness League (LOCAL) Secretary/Treasurer, CIO

I don't have NEAR enough ammo on hand. `nuff said.

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Re: Fed judge rules DC ban on gun carry rights unconstitutio

Post by oldman45 » 02 Aug 2014 13:07

http://www.washingtonpost.com/local/cri ... story.html

The carry in DC is illegal again. DO NOT carry a gun in DC, DO NOT have one in your vehicle. DO NOT have one in your residence, hotel, motel or in your luggage.

Also, do not have a bullet, shell casing or any firearm related items in your possession

Have a good day.

L.D.

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