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Thread: Federal judge halts D.C.’s ‘good reason’ concealed carry requirement

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    Federal judge halts D.C.’s ‘good reason’ concealed carry requirement

    I am responsible for my writing, not your understanding of it.

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    I had been holding off on applying because I was pretty sure I'd be rejected. I saw this last night and now am looking into the process again. Excellent news.

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    Regular Member Baked on Grease's Avatar
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    That site is forcing me to answer a survey to read the article. Screw that.
    "A Right Un-exercised is a Right Lost"

    "According to the law, [openly carrying] in a vehicle is against the law if the weapon is concealed" -Flamethrower (think about it....)

    Carrying an XDm 9mm with Hornady Critical Defense hollowpoint. Soon to be carrying a Ruger along with it....

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    Campaign Veteran MSG Laigaie's Avatar
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    Quote Originally Posted by Baked on Grease View Post
    That site is forcing me to answer a survey to read the article. Screw that.
    Go to the last question, click and it goes away.
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

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    Regular Member oldbanger's Avatar
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    Quote Originally Posted by Baked on Grease View Post
    That site is forcing me to answer a survey to read the article. Screw that.
    try here http://www.saf.org/?p=6169

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    Regular Member 77zach's Avatar
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    Quote Originally Posted by homestar View Post
    I had been holding off on applying because I was pretty sure I'd be rejected. I saw this last night and now am looking into the process again. Excellent news.
    I guess it would be nice to have it in the car. Most restaurants are off limits as well as any .gov building as well as all public transit including the metro. And near the god-king's house.

    All in all not very useful.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

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    Quote Originally Posted by 77zach View Post
    I guess it would be nice to have it in the car. Most restaurants are off limits as well as any .gov building as well as all public transit including the metro. And near the god-king's house.

    All in all not very useful.
    I agree. In fact, I'm on the VA side most days but it would be nice not to be in violation simply by driving that sliver of land near Arlington Cemetery.

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    Quote Originally Posted by homestar View Post
    I agree. In fact, I'm on the VA side most days but it would be nice not to be in violation simply by driving that sliver of land near Arlington Cemetery.
    I've spent time in the area. It would be really nice for congress to grow a set and simply repeal the effective ban. How I hate risking a felony simply for taking a wrong turn and ending up in DC (or Maryland), or having to very carefully plan my day/evening to determine whether I can legally carry or not.

    Obviously, constitutional carry should be the standard in DC. At the very least, the District should respect permits from anywhere in the nation and provide secure storage at the infinite number of off limits locations.

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    Campaign Veteran deepdiver's Avatar
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    Quote Originally Posted by utbagpiper View Post
    I've spent time in the area. It would be really nice for congress to grow a set and simply repeal the effective ban. How I hate risking a felony simply for taking a wrong turn and ending up in DC (or Maryland), or having to very carefully plan my day/evening to determine whether I can legally carry or not.

    Obviously, constitutional carry should be the standard in DC. At the very least, the District should respect permits from anywhere in the nation and provide secure storage at the infinite number of off limits locations.

    Charles
    +1
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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    Quote Originally Posted by Baked on Grease View Post
    That site is forcing me to answer a survey to read the article. Screw that.
    The Washington Times? Your browser or DNS server has been corrupted.
    I am responsible for my writing, not your understanding of it.

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    Does this ruling or potential rulings at the Supreme Court level have impacts regarding restrictions in places like New York as well?

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    Quote Originally Posted by BigStack View Post
    Does this ruling or potential rulings at the Supreme Court level have impacts regarding restrictions in places like New York as well?
    Only from SCOTUS. The Federal Circuit's jurisprudence is by subject matter, unique in Federal Appeals, an includes DC issues.
    I am responsible for my writing, not your understanding of it.

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    As a nonresident of the District, is it necessary to physically bring a firearm to the FRS to register it or does a serial number suffice?

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    Activist Member swinokur's Avatar
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    Include this form when you apply for a ccw permit. Fee will be waived. I don't see any requirement to bring your pistol to MPDC.
    Last edited by swinokur; 05-21-2015 at 08:11 AM.

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    Quote Originally Posted by swinokur View Post
    Include this form when you apply for a ccw permit. Fee will be waived. I don't see any requirement to bring your pistol to MPDC.
    Thanks, I appreciate the info and form. However, you may want to delete your post (or at least that file) as it contains your personal information.

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    Activist Member swinokur's Avatar
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    Thanks, I forgot I had started to fill it out. Here's a blank one.

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    Activist Member swinokur's Avatar
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    No big surprise:



    CHAIRMAN MENDELSON’S STATEMENT REGARDING PRELIMINARY INJUNCTION AFFECTING DISTRICT’S LICENSE TO CARRY LAW

    WASHINGTON, DC – Phil Mendelson, Chairman of the Council of the District of Columbia, issued the following statement regarding the preliminary injunction issued in Wrenn v District of Columbia, enjoining the District from carrying out certain provisions of our license to carry a handgun law.

    “In crafting the District’s license to carry law, the Council consciously followed the regulatory model adopted in a number of other jurisdictions that has withstood constitutional challenges,” Mendelson stated. “This longstanding approach to the concealed carrying of a pistol is no different from what Congress wrote in the law over 80 years ago, and has been, essentially, the law of the District before the Civil War.”

    Mendelson continued: “As painstakingly detailed by the Council in enacting the law, our statute reflects the heightened national security needs in the District as we are host to countless high-profile targets, government officials, and a large diplomatic corp. These unique public safety needs are not arbitrary, and our regulatory structure for the concealed carry of handguns reflects that.”
    “I believe the District should appeal this decision, as our public safety needs are too important to do otherwise.”

    The District’s statute is modeled after regulatory structures in place in New York, New Jersey, and Maryland—jurisdictions which have withstood constitutional challenges in federal courts.
    Not official but it gives a clue as to what DC will do.
    Last edited by swinokur; 05-21-2015 at 09:35 AM.

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    Campaign Veteran deepdiver's Avatar
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    Every left wing city thinks it is a special snowflake that has unique challenges that require either restricting constitutional rights or making up new ones.
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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    Quote Originally Posted by deepdiver View Post
    Every left wing city thinks it is a special snowflake that has unique challenges that require either restricting constitutional rights or making up new ones.
    But our law is written in a different type font or size or handwritten vs cursive or... so it is legal and will pass constitutional muster.
    BTW (directed to Washington DC) those other States whose laws you say have passed Constitutional scrutiny---- was that scrutiny before or after the 2 Hellers, McDonald, and other firearm regulation cases in the last 5-10 years? If prior to these recent cases, I'll suspect that they won't pass muster NOW!
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  20. #20
    Activist Member swinokur's Avatar
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    At least 2 cases after Heller have upheld may issue schemes..

    Woolard (MD in the 4 CA) and Kochalsky (NY 2CA)

    DC is in part basing their decisions based on these cases. It's a toss up what the DC Circuit will do if DC appeals.

    IANAL

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by swinokur View Post
    At least 2 cases after Heller have upheld may issue schemes..

    Woolard (MD in the 4 CA) and Kochalsky (NY 2CA)

    DC is in part basing their decisions based on these cases. It's a toss up what the DC Circuit will do if DC appeals.

    IANAL
    It was upheld in Colorado also, the ruling pointing out that concealed carry is not covered by the 2A. I can see problems when this gets to SCOTUS, Scalia already made it clear that in Heller that concealed carry can be infringed.
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    Activist Member swinokur's Avatar
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    In a few cases, TPM (time, place,manner) restrictions were ruled constitutional, but not arbitrary may issue schemes. Others used intermediate scrutiny (Woolard) and upheld the state's right to regulate even more.

    Guess one of these will get to SCOTUS and decide this once and for all. hopefully.

    who knows. SCOTUS has refused CERT to the last several cases dealing with this, letting the whole thing percolate some more. Maybe this case will be the one to decide the issue.

  23. #23
    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by swinokur View Post
    In a few cases, TPM (time, place,manner) restrictions were ruled constitutional, but not arbitrary may issue schemes. Others used intermediate scrutiny (Woolard) and upheld the state's right to regulate even more.

    Guess one of these will get to SCOTUS and decide this once and for all. hopefully.

    who knows. SCOTUS has refused CERT to the last several cases dealing with this, letting the whole thing percolate some more. Maybe this case will be the one to decide the issue.
    FYI - I believe it's Woollard.

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    Activist Member swinokur's Avatar
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    DC asks for an administrative stay, but no appeal yet.

    Gura replies.

  25. #25
    Activist Member swinokur's Avatar
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    Gura asks for DC to be held in contempt again.
    Last edited by swinokur; 05-27-2015 at 06:15 PM.

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