Everybody seems to be celebrating that at least for the rest of tonight DC is a wide open Constitutional Carry town. I'm not so sure.
I see a decent argument for seeing the licensing scheme, and thus the restriction against unlicensed handguns, as still being in effect.
Nothing in the court order is open to such an interpretation. D.C. Code § 7-2502.02(a)(4) and D.C. Code § 22-4504(a) are
permanently enjoined.
Unless and until a stay is issued or D.C., amends its code the order of the court means exactly what it says, nothing more and nothing less.
“ORDER that Defendants, their officers, agents, servants, employees and all persons in active concert or participation with them who receive actual notice of this Memorandum-Decision and Order, are permanently enjoined from enforcing D.C. Code § 7-2502.02(a)(4) to ban registration of handguns to be carried in public for self-defense by law-abiding citizens; and the Court further ORDERS that Defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of this Memorandum-Decision and Order are permanently enjoined from enforcing D.C. Code § 22-4504(a); and the Court further ORDERS that Defendants, their officers, agents, servants, employees, and all persons in active concert or participation from them who receive actual notice of this Memorandum-Decision and Order from enforcing D.C. Code § 7-2502.02(a)(4) and D.C. Code § 22-4504(a) against individuals based solely on the fact that they are not residents of the District of Columbia. IT IS SO ORDERED.”
District of Columbia Code section § 22-4504(a) states:
22-4504(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.
(a-1) Except as otherwise permitted by law, no person shall carry within the District of Columbia a rifle or shotgun. A person who violates this subsection shall be subject to the criminal penalties set forth in subsection (a)(1) and (2) of this section.
D.C. Code § 7-2502.02 states:
(a) A registration certificate shall not be issued for a:
(1) Sawed-off shotgun;
(2) Machine gun;
(3) Short-barreled rifle;
(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.
(5) An unsafe firearm prohibited under § 7-2505.04;
(6) An assault weapon; or
(7) A .50 BMG rifle.
(b) Repealed.
Charles Nichols – President of California Right To Carry
http://CaliforniaRightToCarry.org
