Man arrested with firearms in vehicle in DC

Dreamer said:

This issue is perhaps the ONLY logical and reasonable reason that DC should be granted statehood...

Aa a "District," DC is not bound by the Interstate Commerce Clause, FOPA, or any other Federal or Constitutional laws that require states to treat out-of-staters fairly and under rule of law. Because of this, DC can charge you with things like "not registering guns in DC" when you're not a resident, and there are no provisions for non-residents to do so.

They also say he had no license to carry in DC... NOBODY has a "license to carry" in DC--they do NOT issue carry permits to citizens--PERIOD. There are NO provisions under DC Statute or Code to issue a permit to carry--openly or concealed, unless you have a badge, and even THEN, if you're from out-of-state, it can get pretty dicey, because according to DC Metro, they don't have to recognize LEOSA--because DC is not a state...

Also, the article says he volunteered info that he had firearms in his vehicle to the LEOs. Apparently, he doesn't know that his most important Constitutional Right when dealing with LEOs is STFU... :banghead:

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DC is bound by FOPA. DC is trying to argue that FOPA is a 2A equivalent in the Palmer case. This guy obviously didn't know the gun laws and STOPPED in DC. At that point he lost any FOPA protection.

Fuller Malarkey said:

Associated Press - November 4, 2010 6:34 PM ET

WASHINGTON (AP) - U.S. Park Police say propane tanks wired to car batteries


Read more: http://www.azcentral.com/12news/new...hington-dc-marana-man-guns.html#ixzz14SCxq8ch

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That's weird, not safe, and probable cause to search in my books. Granted, he may have the right in his state to carry but when traveling, it's important to know the laws for the locations you are traveling to and final destination. Especially when we're talking about DC. I feel sorry for the guy, but I agree with the outcome in his case.

CHILINVLN said:

Granted, he may have the right in his state to carry but when traveling, it's important to know the laws for the locations you are traveling to and final destination. Especially when we're talking about DC. I feel sorry for the guy, but I agree with the outcome in his case.

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The right to keep and bear arms shall not be infringed, unless you have them stored in your camper in the District of Columbia.

press1280 said:

DC is bound by FOPA. DC is trying to argue that FOPA is a 2A equivalent in the Palmer case. This guy obviously didn't know the gun laws and STOPPED in DC. At that point he lost any FOPA protection.

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From the US Code:

TITLE 18 > PART I > CHAPTER 44 > § 926A

§ 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

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DC is neither a State or a political subdivision of a State, therefore FOPA does not apply in the District of Columbia.

And if memory serves, we are still waiting for a ruling in "Palmer v. DC", and most likely, Judge Henry H. Kennedy will rule in some sort of back-door manner playing into the DC status quo of complying with case law by ignoring it.

Citations, FTW...

I'm not defending the anti-Constitutional status quo of the DC government and Courts. I'm just saying that the rules are different "inside he beltway" with the full knowledge and complicity of the Congress, and whether we like it or not, the codes and statutes of DC are on the books. They are illegal, unconstitutional, and immoral, but they are the law, and people who violate those statutes generally will be arrested, charged, and convicted--REGARDLESS of the fact that the statutes are criminal, immoral, and illegal.

Perhaps with the recent election turnover, we can get some of these illegal, immoral laws in DC changed, and Congress will start treating DC like the Federal City it is supposed to be, rather than the separatist nation-state they see themselves as...

Dreamer said:

From the US Code:

DC is neither a State or a political subdivision of a State, therefore FOPA does not apply in the District of Columbia.

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From your own Citation:

§ 921. Definitions
(a) As used in this chapter—
(2) ( . . . ) The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone).

So, what's the latest word on this poor guy?