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Ruling on Palmer in D.C.: Carry Outside of Home is Constitutional Right

MAC702

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Whose cousin (a LEO) made the comment "...this will be done in some way by the end of the week..." and what do they mean?

And if something is in the works, then as many as possible need to openly carry there ASAP so the non-incidents get on record!
 

WalkingWolf

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If they pass a ordinance in a week to limit carry to permittee they will blow their chance of a stay and a appeal. Hopefully if they are going to fight it in the court system it will take 5 years as it did to get to this ruling.

They have had 5 years to adopt a reasonable solution, they should get no stay.

I believe they will take the route Illinois did, pass a very restrictive law, and outlaw OC.
 
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FMCDH

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St. Louis, MO
If they pass a ordinance in a week to limit carry to permittee they will blow their chance of a stay and a appeal. Hopefully if they are going to fight it in the court system it will take 5 years as it did to get to this ruling.

They have had 5 years to adopt a reasonable solution, they should get no stay.

I believe they will take the route Illinois did, pass a very restrictive law, and outlaw OC.

This...

If they get a stay, they will appeal, but I think they will lose ultimately.

If they don't get a stay, I think they will pass legislation in a hurry, and end up with a "may issue" scheme with no reciprocity.
 

WalkingWolf

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In this time of all the infighting among gun owners we needed this decision badly. I hope the statist gun owners take a lesson from a statist judge that finally recognized the right of the people to keep and bear arms. Even if it gets there knickers in wad, and it will certainly do that in DC. Shannon Watts must be throwing a big tantrum.
 

Thundar

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Newport News, Virginia, USA
This...

If they get a stay, they will appeal, but I think they will lose ultimately.

If they don't get a stay, I think they will pass legislation in a hurry, and end up with a "may issue" scheme with no reciprocity.

The motion for a stay must be in front of Scullin. That will take a while since he is a part time senior judge who works out of up state New York. A stay is no slam dunk for DC. It will be hard to get because one of the prongs for a stay is likelihood of success. Hard to get from Scullin who has written a fairly tight opinion with little wiggle room for DC.

Scullin cites Peruta, which is great news for shall issue. ( Rights cannot be denied due to operation of law and discretion of local officials.) Scullin's ruling also precludes the exclusion of those that live outside of DC.

It is a big win for gun rights. DC will fight this, but the death rattles for DC's anti gun laws are loud and persistent.

Live Free or Die,
Thundar
 

WalkingWolf

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The motion for a stay must be in front of Scullin. That will take a while since he is a part time senior judge who works out of up state New York. A stay is no slam dunk for DC. It will be hard to get because one of the prongs for a stay is likelihood of success. Hard to get from Scullin who has written a fairly tight opinion with little wiggle room for DC.

Scullin cites Peruta, which is great news for shall issue. ( Rights cannot be denied due to operation of law and discretion of local officials.) Scullin's ruling also precludes the exclusion of those that live outside of DC.

It is a big win for gun rights. DC will fight this, but the death rattles for DC's anti gun laws are loud and persistent.

Live Free or Die,
Thundar

Hopefully a judge will eventually apply this ruling to the states, and it will be more and more difficult to deny open carry rights. Mad Mothers Demanding Attention must have their knickers in a bind. Big loss for them on their home turf.
 

ElectricTurtle

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May 14, 2009
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, Virginia, USA
This...

If they get a stay, they will appeal, but I think they will lose ultimately.

If they don't get a stay, I think they will pass legislation in a hurry, and end up with a "may issue" scheme with no reciprocity.

The Peruta decision referenced in the Palmer decision is the groundwork for invalidating all "may issue" schemes. That's why the Peruta decision isn't being appealed, I wager, since they don't want it to get all the way to the same SCotUS that's already done Heller and McDonald and become indisputably applied to the whole country. The Northeast would throw a ****-fit.

I'm particularly looking forward to see Peruta applied to Hawaii, since they're 9th circuit jurisdiction they'll have to roll over sooner rather than later.
 

hammer6

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Oct 11, 2008
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Florida
That would violate the Terry ruling though. I suspect there will be a lot of MWAG calls since DC folks are used to being unarmed. I wish I could go to DC to OC, considering the memo from the chief of police. It should still be done in a group though to keep from being singled out by a rogue officer.

and it would violate US v Black which is a 4th circuit ruling, which DC is a part of.
 

BB62

Accomplished Advocate
Joined
Aug 17, 2006
Messages
4,069
Location
Cincinnati, Ohio, USA
If they pass a ordinance in a week to limit carry to permittee they will blow their chance of a stay and a appeal. Hopefully if they are going to fight it in the court system it will take 5 years as it did to get to this ruling.

They have had 5 years to adopt a reasonable solution, they should get no stay.

I believe they will take the route Illinois did, pass a very restrictive law, and outlaw OC.
And thereby turn a right into a privilege - with barely a whimper from various gun organizations.

Sickening.
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
Will not arrest NON FELONS... meaning they will still stop you without RAS, probanly handcuff you and steal your firearm until THEY decide if you are allowed to carry.

Wow. Apparently, no!

http://mpdc.dc.gov/sites/default/files/dc/sites/mpdc/release_content/attachments/07-138-14.pdf

page 2 said:
Officers need [RAS] of a crime in order to conduct a stop of a person in possession of a firearm

I must admit sheer, but pleasant, shock at how the police are planning on handling this.
 
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