YES! DC Circuit Court knocks down DC ban on carry in public

[OakRidgeStars]

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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."

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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.

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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?




***************************************************************************
VA-ALERT is a project of the Virginia Citizens Defense League, Inc.
(VCDL). VCDL is an all-volunteer, non-partisan grassroots organization dedicated to defending the human rights of all Virginians. The Right to Keep and Bear Arms is a fundamental human right.

VCDL web page: http://www.vcdl.org [http://www.vcdl.org/]

[FiremanBob]

No sure I want to be the first test case, and IANAL either, but from reading Alan Gura's blog post it sure seems that until DC government passes a law to create a licensing system, constitutional carry is the law in DC.

Astounding.

[MarcSpaz]

They should just give up and leave it that way.

Win for the good guys.

[ Post made via Mobile Device ]

[Mindflayer]

So, who's going to ride the Metro down to the district from Reston's Silver Line? Armed?

[OakRidgeStars]

You should contact the D.C. Metro PD first and make sure they got the memo.

[Wolvee]

This is a win but we all know they'll find a way around it.

[MarcSpaz]

So... anyone OC in DC today? LOL

I noticed there was a caveat that the court ruling doesn't go into affect until all of the government and LEO's are officially notified. Nice little loop=hole. Let just take 75 to 100 years to let everyone know. Sheesh... what a crock.

[MarcSpaz]

So... anyone OC in DC today? LOL

I noticed there was a caveat that the court ruling doesn't go into affect until all of the government and LEO's are officially notified. Nice little loop=hole. Let just take 75 to 100 years to let everyone know. Sheesh... what a crock.

Have to retract that. Looks like I misread. The court order was effective 7/26/14. Notification is part of what the District must due, per the court order.

[bluedog46]

I am sure those liberals will appeal.

They don't realize that the crime rate and criminals will be reduced by armed citizens.

[reidlowe]

So does this mean those of us that are out of state, reciprocal carry with VA, are then "cleared" to carry in DC?

I have a resident WA and non-resident TX CCP which are both recognized by VA.

thanks,

Gunny

[MarcSpaz]

If you read the court opinion and take it for the text as written... you are good to go.

Like many said before though... might want to check with a lawyer before testing the waters.

[bluedog46]

So does this mean those of us that are out of state, reciprocal carry with VA, are then "cleared" to carry in DC?

I have a resident WA and non-resident TX CCP which are both recognized by VA.

thanks,

Gunny

Over those liberals dead bodies.