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

[Baked on Grease]

Most likely well move to have charges and or convictions vacated.

I thought of that but supposedly used a shotgun and the ruling repeatedly says handgun.

 

[cloudcroft]

marshaul,

...I wouldn't go dressed like you are in your avatar: At the very least, you may be asked for a badge. ;-)



Thundar,

Then why is HI still unchanged and still not issuing permits? Yes, perhaps it is waiting to see how things go FURTHER in District Court 9, but the Peruta ruling was quite a while ago, wasn't it? And yet HI still makes no changes?

As I said, "may-issue" is just stone-walling, as may-issue doesn't REQUIRE states to issue any permits.

And recall that case in MD a while back (Wollard vs. Sheridan), where the ruling said something about people NOT having to show a "good & substantial reason" to apply for a CC permit -- which seems to shoot-down "may-issue" policies in EVERY state -- as people have the right for self-protection (i.e, their LIFE is their "good & substantial reason")...and yet, we still have states with may-issue policies in those districts?

Or was that vacated on appeal by the sate so they are back to where they were before: STILL requiring a "substantial" reason from an applicant to get approved for a permit?

Yes, I know HI is not in the same District as MD, but regardless, isn't such a ruling noted by anyone (Governor Abercrombie, HPD Chief Kealoha, the HI State Legislature) in HI? Yet it still stone-walls.

And the SCOTUS continues to do nothing about states that STILL won't allow it's citizens to carry SOMEHOW?

 

[77zach]

I'll not go out on a limb and state I think I know how this ends. A discretionary permit system a la Maryland or New Jersey, a ton of prohibited places and limitations on what kind of firearms can be carried. Of course, it will be concealed carry only. It will be more trouble than it's worth. Just as handgun ownership is still very difficult post Heller, so will carry be after this case. At least it's another admission that there is a right to carry. They may still treat it as a second class right, but at least it's not a right that can be utterly denied. Perhaps some good will come of it for future generations or other jurisdictions. I'm always looking for legal decisions that could help our plight in Florida as we have no right to carry guns.

 

[Thundar]

I'll not go out on a limb and state I think I know how this ends. A discretionary permit system a la Maryland or New Jersey, a ton of prohibited places and limitations on what kind of firearms can be carried. Of course, it will be concealed carry only. It will be more trouble than it's worth. Just as handgun ownership is still very difficult post Heller, so will carry be after this case. At least it's another admission that there is a right to carry. They may still treat it as a second class right, but at least it's not a right that can be utterly denied. Perhaps some good will come of it for future generations or other jurisdictions. I'm always looking for legal decisions that could help our plight in Florida as we have no right to carry guns.

77zach,

Don't worry, be happy! This ruling is actually much better for gun owners that we could have hoped for.

For DC the end is not clear. DC could try to implement a permitting system or DC could appeal the ruling.

If DC decides to implement, any stupid rules by DC will go back in front of Scullin. Good news for DC gun owners. DC would ask for a stay while theymake the new laws. 6 month stay, then however long it takes to implement.

If DC decides to appeal, then there is potential good news for all US gun owners. Losing in the Circuit would create a very clear split between the DC Circuit and the 9th Circuit. As long as the beating hearts of the 5 somewhat rational justices remain beating, there can be no outcome except a declaration that the 2A exists outside the home.

The smart thing for DC would be to implement. DC is not, however smart. I believe they will choose appeal and Gura will again spank them, either in the circuit court, or eventually in the Supreme Court.

Thundar

 

[swinokur]

Yep, DC appealed Heller. Look what that got them.

smart they ain't.

 

[rightwinglibertarian]

The smart thing for DC would be to implement. DC is not, however smart. I believe they will choose appeal and Gura will again spank them, either in the circuit court, or eventually in the Supreme Court.

The smart thing to do is simply do nothing and let the citizen exercise their unquestionable right with zero illegal limitations but as you said DC is not smart. I'm not sure it will ever get to the Supreme Court as they seem to think they have the right to decline to hear cases. It basically says 'we, the Supreme Court are willfully and knowingly refusing to provide justice and further due process as was the case with the NJ may issue clause.

 

[davidmcbeth]

Thanks, but I don't need anyone in robes educating me on my rights. I'm good.

 

[Sonora Rebel]

I would bet tho... that anyone carrying in D.C. will be immediately arrested and their weapon confiscated. The anti-gun culture among LEO's there is endemic.

 

[WalkingWolf]

It is legal to OC in Texas, but some still got arrested for it. They countered that by continuing to OC only in larger groups and gained more publicity. The problem between Texas and DC is the gun control laws in DC make it a felony, even though the courts have ruled against them. I think the unjustice system in DC will ignore the ruling and continue to make arrests, until they are spanked. Unfortunately for the arrested it will be expensive and years probably to to that.

 

[OC Freedom]

It is legal to OC in Texas, but some still got arrested for it. They countered that by continuing to OC only in larger groups and gained more publicity. The problem between Texas and DC is the gun control laws in DC make it a felony, even though the courts have ruled against them. I think the unjustice system in DC will ignore the ruling and continue to make arrests, until they are spanked. Unfortunately for the arrested it will be expensive and years probably to to that.

Emily Miller has answered this question about how it will be handled on Fox news.

 

[WalkingWolf]

Emily Miller has answered this question about how it will be handled on Fox news.

I assume she did a interview on Fox. We don't watch TV so I will have to go looking for it. The article she authored does not answer the question as to how the police and judges will initially handle the decision. This was my reference to Texas where LGOC were STILL arrested for a legal act. And the cops in DC are much more anti than the cops in Texas.

 

[Golden Eagle]

Constitutional Carry

...at least temporarily.

"Washington D.C. Police Chief Lanier has issued an order that police will not arrest non-felons who are carrying pistols in the District of Columbia."

"District residents are permitted to carry pistols if the weapons are registered. Those who had not registered their handguns could be charged on that ground,"

http://beforeitsnews.com/alternative/2014/07/wapo-confirms-constitutional-carry-in-d-c-3001604.html

According to this with a carry license pistols are Constitutional Carry. :banana:

 

[WalkingWolf]

...at least temporarily.

"Washington D.C. Police Chief Lanier has issued an order that police will not arrest non-felons who are carrying pistols in the District of Columbia."

"District residents are permitted to carry pistols if the weapons are registered. Those who had not registered their handguns could be charged on that ground,"

http://beforeitsnews.com/alternative/2014/07/wapo-confirms-constitutional-carry-in-d-c-3001604.html

According to this with a carry license pistols are Constitutional Carry. :banana:

I finally found the interview on Fox on youtube, and it does appear that DC police will not arrest for carrying a legal firearm.

 

[davidmcbeth]

Emily Miller has answered this question about how it will be handled on Fox news.

So she walked around OCing?

 

[Firearms Iinstuctor]

...at least temporarily.

"Washington D.C. Police Chief Lanier has issued an order that police will not arrest non-felons who are carrying pistols in the District of Columbia."

"District residents are permitted to carry pistols if the weapons are registered. Those who had not registered their handguns could be charged on that ground,"

http://beforeitsnews.com/alternative/2014/07/wapo-confirms-constitutional-carry-in-d-c-3001604.html

According to this with a carry license pistols are Constitutional Carry. :banana:

I believe the permit requirement is only for DC residents.

 

[Baked on Grease]

...at least temporarily.

"Washington D.C. Police Chief Lanier has issued an order that police will not arrest non-felons who are carrying pistols in the District of Columbia."

"District residents are permitted to carry pistols if the weapons are registered. Those who had not registered their handguns could be charged on that ground,"

http://beforeitsnews.com/alternative/2014/07/wapo-confirms-constitutional-carry-in-d-c-3001604.html

According to this with a carry license pistols are Constitutional Carry. :banana:

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.

 

[WalkingWolf]

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.

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.

 

[BB62]

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 VCDL is just the group to organize such a thing. Paging VCDL!!

Heck, if I was available, I'd go to DC today.

 

[MAC702]

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.

This was my first thought.

The best way to counter is to swarm them.

 

[30 cal slut]

Some folks are already OC'ing w/o any issues.

http://www.ar15.com/forums/t_1_5/16..._Confirms_Full_Carry_Reciprocity.html&page=10

I just open carried in GTown at the waterfront for lunch... I walked right by multiple officers with my stainless 228 and no one said a thing. Even got some sweet pics.

Of course before I did this I confirmed everything was legal with my cuz who is capital police. He says it will be done in some way by the end of the week....but got some great pics by Lincoln and Jefferson memorial, it was worth it!!!

I have to pinch myself that this is real.

Can't wait for CA, HI, MD, NJ, NY/NYC, CT, RI, and MA to follow suit. (These states are not uniformly shall-issue, some don't issue non-resident permits, all don't recognize or have reciprocity with non-resident permits).