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Another good ruling

rightwinglibertarian

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....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......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 simple terms this means what? As DC has no licensing system the bearing of arms is automatically allowed for DC residents and nonresidents alike? I'm afraid my knowledge of legal speak is minimal at best.
 

rightwinglibertarian

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Given DC's in-your-face attitude, I would think little has changed in its law enforcement community. This attitude is sufficient reason that it should never be granted statehood.

*chuckles* D.C didnt learn after they got Kokesh'd awhile back. Few more like him and D.C would back off pretty quickly. This is perfect. The judge just backhand slapped them. Hit them again while they are still smarting.
 

sudden valley gunner

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They mentioned Peruta a lot.

I noticed the legal word wrangling again to try to make sure shall not be infringed doesn't really mean shall not be infringed.
 

davidmcbeth

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*chuckles* D.C didnt learn after they got Kokesh'd awhile back. Few more like him and D.C would back off pretty quickly. This is perfect. The judge just backhand slapped them. Hit them again while they are still smarting.

http://www.washingtonpost.com/local...bf000e-7f8f-11e3-9556-4a4bf7bcbd84_story.html

A D.C. Superior Court judge Friday placed Adam Kokesh, the Fairfax County gun-rights advocate, on two years of probation in connection with an Independence Day incident in which he videotaped himself loading a shotgun in Freedom Plaza, near the White House.
 

Primus

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*chuckles* D.C didnt learn after they got Kokesh'd awhile back. Few more like him and D.C would back off pretty quickly. This is perfect. The judge just backhand slapped them. Hit them again while they are still smarting.

http://www.washingtonpost.com/local...bf000e-7f8f-11e3-9556-4a4bf7bcbd84_story.html

A D.C. Superior Court judge Friday placed Adam Kokesh, the Fairfax County gun-rights advocate, on two years of probation in connection with an Independence Day incident in which he videotaped himself loading a shotgun in Freedom Plaza, near the White House.

What is "kokeshed"? Getting arrested then pleading guilty and apologising to the judge for being dumb then getting a year probationary and fleeing for California?

Sent from my XT907 using Tapatalk
 

TFred

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Most historic town in, Virginia, USA
In simple terms this means what? As DC has no licensing system the bearing of arms is automatically allowed for DC residents and nonresidents alike? I'm afraid my knowledge of legal speak is minimal at best.

Given DC's in-your-face attitude, I would think little has changed in its law enforcement community. This attitude is sufficient reason that it should never be granted statehood.
Tonight's VA-ALERT posting on this matter is pasted below.

TFred




VA-ALERT: YES!!!! DC Circuit Court knocks down DC ban on carry in public!

And Liberty marches on - DC becomes a part of America again - at least for now.

The Circuit Court in DC has just ruled in Palmer vs. DC that DC’s ban on the carry of handguns IN PUBLIC by citizens (both residents AND non-residents) is UNCONSTITUTIONAL!

Better yet, they said DC cannot enforce their current ban AT ALL until such time as they pass a licensing scheme that allows citizens to fairly exercise their constitutional right to keep and bear arms!

I’m not an attorney, and have not yet heard from our attorneys on this ruling, but it sure looks to me like I could drive to DC tonight and carry while I’m there. Not just concealed, but CONSTITUTIONAL CARRY - openly OR concealed!

I am not suggesting anyone do so until we have some crystal clear clarity on this.

I imagine that DC might appeal this verdict to the Supreme Court. We should know soon enough.

Here is a link to the announcement on Arsenal Attorneys web site:

http://tinyurl.com/ktdyar6

DC Circuit Court Overturns Ban on Right to Carry Firearms

Today, July 26, 2014, the Circuit Court of the District of Columbia has overturned the DC's ban on the carrying of firearms in public. An excerpt follows and the full opinion can be downloaded from the link below this blog entry.

"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. 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."

------------------------------------------------------

Here are the two code sections that have been STRUCK DOWN (first affects DC residents, second affects everyone, including Virginia residents):

§ 7-2502.02. Registration of certain firearms prohibited.

(a) A registration certificate shall not be issued for a:



(4) Pistol not validly registered to the current registrant in the District prior to September 24, 1976, except that the prohibition on registering a pistol shall not apply to:

(A) Any organization that employs at least one commissioned special police officer or other employee licensed to carry a firearm and that arms the employee with a firearm during the employee's duty hours;

(B) A police officer who has retired from the Metropolitan Police Department;

(C) Any person who seeks to register a pistol for use in self-defense within that person's home; or

(D) A firearms instructor, or an organization that employs a firearms instructor, for the purpose of conducting firearms training.

-

§ 22-4504. Carrying concealed weapons; possession of weapons during commission of crime of violence; penalty.

(a) No person shall carry within the District of Columbia either openly or concealed on or about their person, a pistol, or any deadly or dangerous weapon capable of being so concealed. Whoever violates this section shall be punished as provided in § 22-4515, except that:

(1) A person who violates this section by carrying a pistol, or any deadly or dangerous weapon, in a place other than the person's dwelling place, place of business, or on other land possessed by the person, shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 5 years, or both; or

(2) If the violation of this section occurs after a person has been convicted in the District of Columbia of a violation of this section or of a felony, either in the District of Columbia or another jurisdiction, the person shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 10 years, or both.

----------------------------------------------------

Here’s a link to the ruling in PDF format (thanks to Arsenal Attorneys):

http://tinyurl.com/lgr27yw

A heartfelt thanks to the Second Amendment Foundation (saf.org) for bringing this suit and winning it!

Now, who’s got the champagne?
 

rightwinglibertarian

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http://www.washingtonpost.com/local...bf000e-7f8f-11e3-9556-4a4bf7bcbd84_story.html

A D.C. Superior Court judge Friday placed Adam Kokesh, the Fairfax County gun-rights advocate, on two years of probation in connection with an Independence Day incident in which he videotaped himself loading a shotgun in Freedom Plaza, near the White House.

What is "kokeshed"? Getting arrested then pleading guilty and apologising to the judge for being dumb then getting a year probationary and fleeing for California?

Sent from my XT907 using Tapatalk

THIS is the DC cops getting Kokesh'd


I'm only sorry he was so co-operative. He was arrested for violating a law that had no business being made and arguably wasnt even a true law. No gun control regulations are laws. I can't take the time to define law here but this afternoon I will make the case that much of the laws we follow today with regards to firearms actually have no real weight at all. The only thing that was dumb was apologising.
 

OC4me

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Northwest Kent County, Michigan
Pending final word from VDCL's attorney's, I sure hope that some freedom-loving Virginians will get together and open carry in D.C. as part of a pre-planned group picnic and/or stroll (safety in numbers). I'd love to see that, really love to see that!

There needs to be some 'proof' that average persons can be armed in public in the District without the sky falling BEFORE the city council muddies up the current de facto constitutional carry status of our nation's capital.
 

Primus

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THIS is the DC cops getting Kokesh'd


I'm only sorry he was so co-operative. He was arrested for violating a law that had no business being made and arguably wasnt even a true law. No gun control regulations are laws. I can't take the time to define law here but this afternoon I will make the case that much of the laws we follow today with regards to firearms actually have no real weight at all. The only thing that was dumb was apologising.

"Breaking news right now.... That's the policy..." Lmao

Sent from my XT907 using Tapatalk
 

rightwinglibertarian

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My line of reasoning is this. If the Constitution is the highest law then no law can be made and certainly not legally enforced that goes against that Constitution. Furthermore if we the people are to control the government then it is we who dictate what we require and government must fall into line. The reason such ideas are so difficult is the people have allowed the government decades of over reach, power abuse and the slow but steady encroachment and infringement of our undeniable and unquestionable rights till we get to today. 1st, 2nd, 4th and even 5th Amendment rights are being violated all the time. Frankly i'm not interested in policy which has only the weight of tyranny and illegal enforcement behind it.

We can take the country back by demanding the rights we already have and by doing so collectively. The more involved the less likely there will be loss of life and the faster government on every level will realize we won't tolerate the current behavior. The issue though is many if not most do tolerate it and it will be the undoing of America as we know it. If there isnt a total economic meltdown beforehand that is.
 

sudden valley gunner

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Whatcom County
THIS is the DC cops getting Kokesh'd


I'm only sorry he was so co-operative. He was arrested for violating a law that had no business being made and arguably wasnt even a true law. No gun control regulations are laws. I can't take the time to define law here but this afternoon I will make the case that much of the laws we follow today with regards to firearms actually have no real weight at all. The only thing that was dumb was apologising.

The violent coercion of the state is a powerful motivator to capitulate to it. Unlimited resources stolen from others compared to limited resources of the individual, don't take a genius to do the math.

My line of reasoning is this. If the Constitution is the highest law then no law can be made and certainly not legally enforced that goes against that Constitution. Furthermore if we the people are to control the government then it is we who dictate what we require and government must fall into line. The reason such ideas are so difficult is the people have allowed the government decades of over reach, power abuse and the slow but steady encroachment and infringement of our undeniable and unquestionable rights till we get to today. 1st, 2nd, 4th and even 5th Amendment rights are being violated all the time. Frankly i'm not interested in policy which has only the weight of tyranny and illegal enforcement behind it.

We can take the country back by demanding the rights we already have and by doing so collectively. The more involved the less likely there will be loss of life and the faster government on every level will realize we won't tolerate the current behavior. The issue though is many if not most do tolerate it and it will be the undoing of America as we know it. If there isnt a total economic meltdown beforehand that is.

+1 Some would have Rosa Parks just follow "policy".
 

Firearms Iinstuctor

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Reverend73

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I'm fairly certain the 10 rd mag limit still applies, and might want to be mindful of the federal school zone law. Otherwise, until a stay is granted, I think it's game on.:banana:
 

peter nap

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I'm fairly certain the 10 rd mag limit still applies, and might want to be mindful of the federal school zone law. Otherwise, until a stay is granted, I think it's game on.:banana:

Interesting that at least for now, dreaded DC has Constitutional Carry but we don't. :(
 

The Truth

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I'm fairly certain the 10 rd mag limit still applies, and might want to be mindful of the federal school zone law. Otherwise, until a stay is granted, I think it's game on.:banana:

Probably a stupid question, but does this mean that my double stack mag is illegal in its current form, loaded or unloaded? Or does this mean that I can only have 10 bullets in the mag (it's a .40 cal 12 rd. capacity mag?)
 
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