Liko81
Founder's Club Member
imported post
This is a "what if" question for those who like to play lawyer during their free time. Feel free to speculate but please back it up.
Let's say that SCOTUS rules for Heller as is widely anticipated, and in the process overturns one or more of the laws in question. As with Lawrence v Texas (which struck down about a dozen anti-sodomy laws), the laws would become unenforceable whether they remained on the books or not (the Texas law specifically overturned is still in the statutes; it's just annotated to say it was found unconstitutional and no officer or DA can take any action under it).
The question then becomes, what happens to you if you break an unenforceable law? A ruling for Heller would, in effect, overturn all three laws (prohibition of handgun registration, prohibition of handgun carry, and the lock-up law)until the combination of the three were modified to pass muster.The day after that ruling hits the news, you OC in DC.Theoretically speaking, the cops cannot do a damned thing. The law on the books prohibiting carry of a concealable weaponis unconstitutional and unenforceable, and they know it (that decision will be front-page news on every paper in the country).
However, I'd be willing to bet money they'd still haul you in for SOMETHING. I mean, they've got roadblocks set up right now; this is not a municipality that's going to just roll over for even a SCOTUS decision. You think they'd try disorderly conduct, disturbing the peace or some other public nuisance-type charge? Think they'll try to charge you under existing law anyway?DoesDChave ANY remaining gun lawthey could charge you under if they can't useany of the three at issue?
One possibility is that, becauseit was the prohibition of registration for handguns, not the registration process itself, that was at issue, unless the decision oversteps the question quite a bit they can still bust you for having an unregistered handgun. The fact that you couldn't register it, and still can't till theychange the law, could be considered moot at trial.
This is a "what if" question for those who like to play lawyer during their free time. Feel free to speculate but please back it up.
Let's say that SCOTUS rules for Heller as is widely anticipated, and in the process overturns one or more of the laws in question. As with Lawrence v Texas (which struck down about a dozen anti-sodomy laws), the laws would become unenforceable whether they remained on the books or not (the Texas law specifically overturned is still in the statutes; it's just annotated to say it was found unconstitutional and no officer or DA can take any action under it).
The question then becomes, what happens to you if you break an unenforceable law? A ruling for Heller would, in effect, overturn all three laws (prohibition of handgun registration, prohibition of handgun carry, and the lock-up law)until the combination of the three were modified to pass muster.The day after that ruling hits the news, you OC in DC.Theoretically speaking, the cops cannot do a damned thing. The law on the books prohibiting carry of a concealable weaponis unconstitutional and unenforceable, and they know it (that decision will be front-page news on every paper in the country).
However, I'd be willing to bet money they'd still haul you in for SOMETHING. I mean, they've got roadblocks set up right now; this is not a municipality that's going to just roll over for even a SCOTUS decision. You think they'd try disorderly conduct, disturbing the peace or some other public nuisance-type charge? Think they'll try to charge you under existing law anyway?DoesDChave ANY remaining gun lawthey could charge you under if they can't useany of the three at issue?
One possibility is that, becauseit was the prohibition of registration for handguns, not the registration process itself, that was at issue, unless the decision oversteps the question quite a bit they can still bust you for having an unregistered handgun. The fact that you couldn't register it, and still can't till theychange the law, could be considered moot at trial.