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General Categories => Laws and Legislation => Topic started by: aceflyer on July 26, 2014, 07:15:25 PM

Title: DC Ban on carry outside the home struck down
Post by: aceflyer on July 26, 2014, 07:15:25 PM
Certainly will be appealed, but a win is a win.

http://www.foxnews.com/politics/2014/07/26/emily-miller-federal-judge-rules-dc-ban-on-gun-carry-rights-unconstitutional/ (http://www.foxnews.com/politics/2014/07/26/emily-miller-federal-judge-rules-dc-ban-on-gun-carry-rights-unconstitutional/)
Title: Re: DC Ban on carry outside the home struck down
Post by: grumpy old man on July 27, 2014, 11:02:45 AM
its a big win for the 2nd Amendment but this particular suit has been ongoing for over 5 years and will probably go for another 5 unless the SCOTUS hears the case.  A win is a win though.
Title: Re: DC Ban on carry outside the home struck down
Post by: HuskerXDM on July 27, 2014, 09:58:35 PM
From Emily Miller's Facebook page: "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."
Title: Re: DC Ban on carry outside the home struck down
Post by: aceflyer on July 27, 2014, 10:20:59 PM
Appears to be Constitutional carry for now...at least until tomorrow morning when the appeals court stays the order.  DC will end up having to go the way of Chicago and come up with something to allow some type of carry.
Title: Re: DC Ban on carry outside the home struck down
Post by: landon410 on July 28, 2014, 09:23:40 AM
how are they going to spin it when crime rates start to go down now that people can carry?

Title: Re: DC Ban on carry outside the home struck down
Post by: sh68137 on July 28, 2014, 10:00:36 AM
attached is the 19 page opinion.
Title: Re: DC Ban on carry outside the home struck down
Post by: aceflyer on July 28, 2014, 10:08:28 AM
Here comes the spin....

http://www.washingtonpost.com/local/dc-attorney-general-plans-to-seek-stay-of-ruling-overturning-districts-handgun-ban/2014/07/27/00d9e9d0-15c5-11e4-9349-84d4a85be981_story.html (http://www.washingtonpost.com/local/dc-attorney-general-plans-to-seek-stay-of-ruling-overturning-districts-handgun-ban/2014/07/27/00d9e9d0-15c5-11e4-9349-84d4a85be981_story.html)

In this article, a council member stated, “We’re just full of places where guns would be not only inappropriate but highly dangerous,”.  The main places they are likely talking about are ALL federal property.  Which, correct me if I'm wrong, already prohibit guns.  Why do they need a district policy to enforce what laws are already there???

I applaud the judge for making his order immediate, instead of staying it while on appeal.
Title: Re: DC Ban on carry outside the home struck down
Post by: AWick on July 28, 2014, 01:21:28 PM
The kicker is that the ammo ban, unless you're a registered DC gun owner, is still in effect. So nonresidents have constitutional carry for unloaded firearms only.
Title: Re: DC Ban on carry outside the home struck down
Post by: 66bigblock on July 28, 2014, 01:42:09 PM
lol.  Dont all gun haters think/say:

 “We’re just full of places where guns would be not only inappropriate but highly dangerous,”


66bigblock
Title: Re: DC Ban on carry outside the home struck down
Post by: RLMoeller on July 28, 2014, 02:07:53 PM
There is some discussion regarding the wording, specifically "ready to use" firearms for self defense, which some are reading as including ammo.

I don't want to be a test case.  But then again, I don't want to go to D.C.
Title: Re: DC Ban on carry outside the home struck down
Post by: ILoveCats on July 28, 2014, 03:38:14 PM
I think the most asinine quote in the Fox article is here (red font).....

City Council Chairman Phil Mendelson said Sunday that he just learned of the ruling and had yet to read the opinion. However, he said because of the District's unique national security concerns, the right to carry a firearm in public "must be more heavily restricted than any place else in the nation."

"Four U.S. presidents have been assassinated by gunfire, and at least five others have been shot at, including Ronald Regan who was seriously wounded in 1981," he said. "Neither the Secret Service nor the Capitol Police will disclose all incidents where they have recovered firearms, but we do know that just two years ago someone hit the White House with gunfire, and there are frequent threats on the foreign diplomatic corps."


Ok.... yes it is indeed true that there is no place in the U.S. -- and few in the world -- with such a confluence of "interesting" risks that need to be mitigated, as there is in Washington DC.  You've got POTUS, SCOTUS, Congressmen and Senators all under the protection of various police departments and agencies.  You've got foreign dignitaries (visiting, or residing on diplomatic assignment) under the protection of the Department of State's "DS" wing.   And you've got countless national treasures that a terror cell would love to destroy.

However, what the heck does that have to do with law-abiding citizens owning or carrying firearms?  After all, every example the Council Chairman cited that occurred in the District of Columbia happened under the most stringent gun control in the country!  I'm not sure what he's trying to prove but the argument is totally illogical.  Does he thing more people would go all John Hinckley, Jr-nutso if they had Second Amendment freedoms?  ???



Title: Re: DC Ban on carry outside the home struck down
Post by: Mali on July 29, 2014, 02:30:50 PM
Along with that, how many of the Presidential assassinations, or attempted assassinations, actually happened in DC itself?  If I am not not wrong most attempts occur while traveling since security is so tight in DC.
Title: Re: DC Ban on carry outside the home struck down
Post by: RLMoeller on July 29, 2014, 02:50:03 PM
Didn't take long...   A judge issued a stay in the Palmer case.
Title: Re: DC Ban on carry outside the home struck down
Post by: ILoveCats on July 29, 2014, 05:11:59 PM
Along with that, how many of the Presidential assassinations, or attempted assassinations, actually happened in DC itself? 

Well, Reagan up north of Dupont Circle.  And Lincoln at Ford's theater!   ;D   Beyond that you're testing my history knowledge, I'm ashamed to say.  Regardless my point is that the Council Chairman rolled out a bunch of examples that happened in DC, which is antithetical to his premise that "gun control makes VIPs safer".

Didn't take long...   A judge issued a stay in the Palmer case.

Well, no voting rights for DC then.   I've always like the Republicans' stance that they're all for DC having a voting member of the House of Representatives when, and only when DC respects the constitution and ends its anti-RKBA stance.
Title: Re: DC Ban on carry outside the home struck down
Post by: Mali on August 07, 2014, 07:43:37 AM
Well, Reagan up north of Dupont Circle.  And Lincoln at Ford's theater!   ;D   Beyond that you're testing my history knowledge, I'm ashamed to say.  Regardless my point is that the Council Chairman rolled out a bunch of examples that happened in DC, which is antithetical to his premise that "gun control makes VIPs safer".

You saying that made me want to verify that my facts were straight. Half of the actual assassinations did occur in DC, the others out of town.  Interestingly enough, of the 21 documented attempts I found 10 were made in DC.  Although most of those were found prior to coming into the presence of the President (mail bombs, ricin letters etc.).  Interesting reading though. Below is a quick list I made.  There were a couple of plots that never made it past being planned so I didn't count those. Thanks for making me look those up. :)

Assassinated
Lincoln - DC
Garfield - DC
McKinley - Buffalo, NY
Kennedy - Dallas, TX

Assassination Attempted
Lincoln - DC
Taft - El Paso, TX
T. Roosevelt - Milwaukee, WI
Hoover - Argentina
Truman - DC (2x)
Kennedy - Palm Beach FL
Nixon - DC (2x)
Ford - Sacramento, CA; San Francisco, CA
Carter - Los Angeles, CA
Reagan - DC
GHW Bush - Kuwait (after leaving office)
Clinton - DC; DC; DC; Manila
GW Bush - Russia
Obama - Denver, CO; Turkey; DC

Title: Re: DC Ban on carry outside the home struck down
Post by: Ronvandyn on August 07, 2014, 07:15:15 PM
Didn't take long...   A judge issued a stay in the Palmer case.

The 3 days of freedom they had was far more than they have had in a very long time.