Judge restrains DC from banning permits

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flyingron
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Judge restrains DC from banning permits

Post by flyingron »

A federal judge issues a restraining order (which while it isn't the final word, pretty much gives a strong indication of where the court is going) on the DC using a "good reason" requirement to the issuance of a concealed handgun permit.

My reading of the decision is it strikes the clause that gives the discretion to the DC not to issue the permits and the way I read what remains is that anybody, even non-residents who are US citizens, whose not otherwise barred from firearms, must now be issued a permit.
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Re: Judge restrains DC from banning permits

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Which court?
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Re: Judge restrains DC from banning permits

Post by flyingron »

United States District Court / District of Columbia.
Frederick Scullin was the judge again. He ruled last summer striking down the residency requirement specifically.
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Re: Judge restrains DC from banning permits

Post by MarcSpaz »

Its the same old thing. This is the 3rd time DC has been told their process is unconstitutional and it needs to be corrected. DC City Council says "F-U! We'll do whatever we want!" and then nothing.

Some court needs to say to the Council "You have X amount of days to comply or until you do the Council will be executing its duties from the inside of a federal penitentiary for contempt and failure to obey a court order." Until politicians go to jail, which is what would happen if it were you or I, things will never change.
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Re: Judge restrains DC from banning permits

Post by flyingron »

Well this time the judge immediately barred them from refusing permits provided all the other requirements are met (i.e., a US Citizen or DC resident/business owner, not otherwise prohibited from possessing weapons). He even refused to stay the order pending more legal wrangling by the city.
If I had some time on my hands and tolerance for bureaucracy, I might run over and apply.
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Re: Judge restrains DC from banning permits

Post by MarcSpaz »

Maybe, with a little luck, things will go the way of Freedom. The same way the anti's take our rights away one small pen stroke at a time, we need to take it back.

I just wish some teeth would come out. I have a feeling that DC's response will be changing the code to expand what they feel is a good excuse, but still exclude self defense. We'll see.

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Re: Judge restrains DC from banning permits

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At this point, until the restraining order is lifted, they're obliged to issue based on the current law (without the good reason clause). This judge was not messing around.
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Re: Judge restrains DC from banning permits

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Wouldn't surprise me none if a "backlog" developed such that no applications will issue due to "staffing shortages" or some such horse chit until the appeal is heard.
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Re: Judge restrains DC from banning permits

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I'm going to put in for a permit.

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Re: Judge restrains DC from banning permits

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Mindflayer wrote:I'm going to put in for a permit.
Great! Let us know how it goes.
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Re: Judge restrains DC from banning permits

Post by DaRoller »

Good luck, all of the other restrictions (training and high fees, etc.) are still being enforced. Not to mention that there's about 42 square feet in DC where you can actually use it because of the 1000 foot rule they impose.
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Re: Judge restrains DC from banning permits

Post by MarcSpaz »

That's been my complaint too. Have fun figuring out where you can be with it. Especially since the 1000 foot rule applies to moving items such as groups of protesters and political officials. You could be sitting somewhere on a bench eating a hotdog, legally carrying. Damn near a quarter mile away, a Congressman could be walking up the street on a different block where you can't even see him; he comes inside that 1,000 foot bubble (around you) as he walks by, and now you have committed a firearms related felony with literally no changes in location or behavior that was legal just seconds ago.

You're going to tell me I can be trusted to carry in the VA Capitol and the General Assembly buildings, but if I go to DC, I can't be trusted to be within 1000 feet of a statue of an American Soldier who fought in Vietnam? Its all BS and should get tossed out.
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Re: Judge restrains DC from banning permits

Post by Mindflayer »

MarcSpaz wrote:You're going to tell me I can be trusted to carry in the VA Capitol and the General Assembly buildings, but if I go to DC, I can't be trusted to be within 1000 feet of a statue of an American Soldier who fought in Vietnam? Its all BS and should get tossed out.
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