Emily Miller report on DC Handgun Ban Nullification

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Emily Miller report on DC Handgun Ban Nullification

Post by allingeneral »

So, if you're not a DC resident, you can carry. If you're a DC resident, the firearm that you're carrying must be registered in DC. Anyone else have comments on this?

https://www.youtube.com/watch?v=xBddGH96548

(Thanks Ed Levine, for the video footage)
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Re: Emily Miller report on DC Handgun Ban Nullification

Post by allingeneral »

One comment from Emily Miller's facebook page:

"Even though you will be allowed to openly or concealed carry your weapon all other gun restrictions in D.C. remain enforced such as type of ammo, gun and magazine capacity. Many will forget this and will be arrested."
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Re: Emily Miller report on DC Handgun Ban Nullification

Post by rlbellco72 »

allingeneral wrote:One comment from Emily Miller's facebook page:

"Even though you will be allowed to openly or concealed carry your weapon all other gun restrictions in D.C. remain enforced such as type of ammo, gun and magazine capacity. Many will forget this and will be arrested."
That was the first thing I thought of. Even so, it's good news for law abiding citizens. It will also be interesting to see what the anti's do.
Let us speak courteously, deal fairly, and keep ourselves armed and ready.

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Re: Emily Miller report on DC Handgun Ban Nullification

Post by allingeneral »

Here's the actual decision along with the laws that were nullified:

http://vagunforum.net/general-discussio ... 22316.html
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Re: Emily Miller report on DC Handgun Ban Nullification

Post by Taggure »

So how does this decision effect if you get pulled over and you have an empty brass case in your change console or a decorative air freshener shaped like a bullet in plain view? They used to be able to arrest you for it. Will all the cases that have tried for those already be thrown out, and the individual’s record is cleared of the crime? How about restitution for attorney fees for a un-constitution arrest and conviction?
"No free man shall ever be debarred the use of arms."
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Re: Emily Miller report on DC Handgun Ban Nullification

Post by allingeneral »

Taggure wrote:So how does this decision effect if you get pulled over and you have an empty brass case in your change console or a decorative air freshener shaped like a bullet in plain view? They used to be able to arrest you for it. Will all the cases that have tried for those already be thrown out, and the individual’s record is cleared of the crime? How about restitution for attorney fees for a un-constitution arrest and conviction?
All good questions. I suppose many of them will be handled on a "casing by casing basis" (pun intended)
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Re: Emily Miller report on DC Handgun Ban Nullification

Post by cwfunrider »

My head is ready to explode trying to take all this in. Never in my lifetime did I ever......

On another note I caught a NRA all access show on Outdoor Channel that interviewed Emily and chronicled her story. Good show.
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Re: Emily Miller report on DC Handgun Ban Nullification

Post by WRW »

The comment by the DC official to the effect that the law was for the protection of the Federal Government is total B.S. For very nearly 200 years, the Feds ran the City with no such ban in place. Within two years of Home Rule the ban was in place...and Hinckley was undeterred.

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Re: Emily Miller report on DC Handgun Ban Nullification

Post by cham89 »

The way I'm reading this, is that you may now openly or concealed carry a handgun, however I'm pretty sure it can't even be loaded...and here's why. Of the laws that were taken away by the judge dealer strictly with the carrying of the gun, he did not remove any of the existing DC laws regarding ammo, and DC code 7-2506.01 states:

Persons permitted to possess ammunition
(a) No person shall possess ammunition in the District of Columbia unless:
(1) He is a licensed dealer pursuant to subchapter IV of this unit;
(2) He is an officer, agent, or employee of the District of Columbia or the United States of America, on duty and acting within the scope of his duties when possessing such ammunition;
(3) He is the holder of the valid registration certificate for a firearm of the same gauge or caliber as the ammunition he possesses; except, that no such person shall possess restricted pistol bullets; or
(4) He holds an ammunition collector's certificate on September 24, 1976.
(b) No person in the District shall possess, sell, or transfer any large capacity ammunition feeding device regardless of whether the device is attached to a firearm. For the purposes of this subsection, the term “large capacity ammunition feeding device” means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition. The term “large capacity ammunition feeding device” shall not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.

So basically it is still illegal to possess any kind if ammo whatsoever as far as I can tell..

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Re: Emily Miller report on DC Handgun Ban Nullification

Post by Taggure »

So you are alowed to carry a paper weight then? this goes to the heart of my question above how far does this ruling on Saturday ripple down. And since it was Un-Constitutional then is this Ammo law Un-Constitutional as well and does that mean that all who were tried and convicted will those rulings get thrown out and the records cleared of all charges?

I still will not carry in DC till those questions can be answered cleanly
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