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DC Handgun Ban Nullificiation Decision

PostPosted: Mon, 28 Jul 2014 07:32:05
by allingeneral
http://www.foxnews.com/politics/interac ... -decision/

Frederick J. Scullin, Jr; Senior United States District Court Judge wrote:IV. CONCLUSION
Having reviewed the parties' submissions and the applicable law, and for the above-stated reasons, the Court hereby GRANTS Plaintiffs' motion for summary judgment and DENIES Defendants' cross-motion for summary judgment; 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 § 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.
Dated: July 24, 2014Syracuse, New York

Case 1:09-cv-01482-FJS Document 51 Filed 07/26/14 Page 19 of 19

Re: DC Handgun Ban Nullificiation Decision

PostPosted: Mon, 28 Jul 2014 07:36:05
by allingeneral
Laws cited in the ruling: D.C. Code § 7-2502.02(a)(4) and D.C. Code § 22-4504(a)

§ 7-2502.02. Registration of certain firearms prohibited.

(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.


###################################

§ 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.


(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.

(b) No person shall within the District of Columbia possess a pistol, machine gun, shotgun, rifle, or any other firearm or imitation firearm while committing a crime of violence or dangerous crime as defined in § 22-4501. Upon conviction of a violation of this subsection, the person may be sentenced to imprisonment for a term not to exceed 15 years and shall be sentenced to imprisonment for a mandatory-minimum term of not less than 5 years and shall not be released on parole, or granted probation or suspension of sentence, prior to serving the mandatory-minimum sentence.

(c) In addition to any other penalty provided under this section, a person may be fined an amount not more than the amount set forth in § 22-3571.01.

Re: DC Handgun Ban Nullificiation Decision

PostPosted: Mon, 28 Jul 2014 15:38:25
by aznav
I suppose I'm the curmudgeon in this but, as another article pointed out, both DC and Chicago have been both obstinate and devious for, what, five years now in implementing the laws. I would love to be proven wrong that four years from now, we are still in the courts. What I expect as the best case scenario is a carry law that is so restrictive (like NYC), that it is virtually impossible for a citizen to qualify for concealed carry.

Re: DC Handgun Ban Nullificiation Decision

PostPosted: Wed, 30 Jul 2014 11:15:09
by Steve32

Re: DC Handgun Ban Nullificiation Decision

PostPosted: Wed, 30 Jul 2014 12:44:51
by Reverenddel
But with the appeal, the laws stand for now...
However, over the weekend? Before they filed the appeal? For a blessed 72 hours, CONSTITUTIONAL CARRY WAS LEGAL IN D.C.!

How about them apples!? That was a trickle of water in the desert.

Re: DC Handgun Ban Nullificiation Decision

PostPosted: Wed, 30 Jul 2014 18:18:52
by OakRidgeStars
Reverenddel wrote:But with the appeal, the laws stand for now...
However, over the weekend? Before they filed the appeal? For a blessed 72 hours, CONSTITUTIONAL CARRY WAS LEGAL IN D.C.!

How about them apples!? That was a trickle of water in the desert.


Much like our freedoms and liberty, it was just a mirage.