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Thread: DC ban on CCW struck down! Opinion just released

  1. #1
    GuncoHolic Sprat's Avatar
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    Default DC ban on CCW struck down! Opinion just released

    Victory in Palmer v. D.C. | Reality-Based Litigation

    Victory in Palmer v. D.C.
    Posted on July 26, 2014 by alangura
    Justice never sleeps…. not even on a Saturday afternoon, when this opinion was just handed down.

    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.4 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.

    In 2012, I won Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012), which struck down Illinois’ total ban on the carrying of defensive handguns outside the home. With this decision in Palmer, the nation’s last explicit ban of the right to bear arms has bitten the dust. Obviously, the carrying of handguns for self-defense can be regulated. Exactly how is a topic of severe and serious debate, and courts should enforce constitutional limitations on such regulation should the government opt to regulate. But totally banning a right literally spelled out in the Bill of Rights isn’t going to fly. My deepest thanks to the Second Amendment Foundation for making this victory possible and to my clients for hanging in there. Congratulations Americans, your capital is not a constitution-free zone.

    now lets get this site back on track
    Sprat and sprat1 are one and the same.

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    GuncoHolic kernelkrink's Avatar
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    And before it was even done being read the team of lawyers working for DC were drafting their appeal and petition for a stay of the injunction. First thing Monday morning or sooner if they can find a Judge on a Golf Course, the appeal will be filed and the injunction stayed until the case is decided at the next higher level. Then it goes to SCOTUS. Figure at least a year or two for it to work it's way there, and if everything goes against DC they will still come up with a permit process that makes getting one about as difficult as getting Martha Stewart off on dirty sheets!

    This is a great first step, but it is just one battle won. The next step up has 11 Judges, 4 appointed by Obama, 3 by Clinton, 3 by Bush2, and 1 by Bush1. Not looking good at that phase anyway.

    OTOH, SCOTUS has thrown the Admin a curveball on the last few 2A cases, so who knows? If it does go our way, Gunco membership should meet there for a CCW stroll!

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    GuncoHolic Sprat's Avatar
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    Per Emily Miller with Fox 5 DC:

    "More -- DC police chief Lanier, using guidance from AG -- grants full reciprocity for all open and concealed carry from others states."

    "Per DC Police Chief Lanier, the only gun arrests allowed now are DC residents with unregistered guns and non-residents who are prohibited under federal laws from possessing firearms. Everyone else is in the clear."
    Sprat and sprat1 are one and the same.

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    Gunco Rookie Josh Smith's Avatar
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    Quote Originally Posted by Sprat View Post
    Per Emily Miller with Fox 5 DC:

    "More -- DC police chief Lanier, using guidance from AG -- grants full reciprocity for all open and concealed carry from others states."

    "Per DC Police Chief Lanier, the only gun arrests allowed now are DC residents with unregistered guns and non-residents who are prohibited under federal laws from possessing firearms. Everyone else is in the clear."
    Wait... what??? Say that again, clearer, please.

    If I read this right, I can go to D.C. and carry my pistol on my Indiana permit.

    Also, D.C. residents cannot carry guns they had to register with the cops, but they can carry if they're registered.

    Is this what's happening?

    Regards,

    Josh


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    The Anti-Terrorist Abukai08's Avatar
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    From what I recently read there is complete reciprocity and the criteria mentioned above are the only things which would be considered "Illegal Firearm Possession". I hope this one sticks because there are already people trying to say because it is the seat of our government it would be dangerous to have people (read little people) walking around with guns. And if the ruling sticks I can already imagine carriers being treated like smokers and there will be "NO CCW" sings on every door, window, and taxi cab in the city.
    "What country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance?" -Thomas Jefferson-


    "Our rights come from our humanity and may not be legislated away -- not by a vote of Congress, not by the consensus of our neighbors, not even by agreement of all Americans but one." Judge Andrew P. Napolitano

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    GuncoHolic kernelkrink's Avatar
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    Quote Originally Posted by Josh Smith View Post
    Wait... what??? Say that again, clearer, please.

    If I read this right, I can go to D.C. and carry my pistol on my Indiana permit.

    Also, D.C. residents cannot carry guns they had to register with the cops, but they can carry if they're registered.

    Is this what's happening?

    Regards,

    Josh
    Yep. Looks like the DC police Chief is actually following the Court's directive. Until a stay can be put in place. I'm amazed they haven't done so yet.

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    No Hope For Me Coils's Avatar
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    Kernel hit the nail on the head
    Judge puts D.C. handgun law on hold
    Originally posted in the NRA area, here's some of it and links needed to see the info.

    A federal judge on Tuesday put on hold his decision invalidating the District’s long-standing ban on carrying handguns in public places.

    The judge’s stay, in effect for 90 days, gives city officials and D.C. police officers some breathing room to respond to his ruling that overturned the District’s primary gun-control law.

    The initial ruling last week by U.S. District Judge Frederick J. Scullin Jr. meant that thousands of city residents with registered handguns, in addition to legal gun owners from other states, could carry pistols in Washington
    This is the Gunco NRA area (this is only a couple lines of the article, and a link to the NRA site)
    Judge Puts D.C. Handgun Ruling On Hold

    NRA site (Brief article and has link to the full news article)
    NRA-ILA | Judge puts DC handgun ruling on hold

    Washington Post (full article)
    Judge puts D.C. handgun ruling on hold - The Washington Post
    "Government is not the solution to our problem, government is the problem" Ronald Reagan

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    GuncoHolic kernelkrink's Avatar
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    So there I was strolling down Pennsylvania Avenue Tuseday with my .45 Colt SAA in a full hand tooled leather "Paladin" quick draw rig when I heard on my radio that the Judge had just stayed his injunction and I instantly became a Felon...

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