VICTORY IN DC PALMER CASE

[RevDisk]

As far as I can tell (read the whole thing, correct me if I am wrong)
1. They CAN'T enforce a no-carry whatsoever (until they make a compliant law)
2. They CAN'T prohibit CARRY based solely on residency
3. They CAN'T prohibit registration based solely on residency (not sure on this one, but the section on the 14th seems to mean this)
4. They CAN require registration
5. They CAN require registration in order to carry (WHEN they eventually make their new law)

Also, based on the decision citing the "greatest hits" so frequently (Heller, Macdonald, Peruta, Madigan), I am also hopeful w.r.t. The registration/permit to carry being closely scrutinized w.r.t. Not running afoul of those decisions.  HOWEVER, I am pretty confident DC is going to pull a Chicago on this one and I would bet good money a second lawsuit is going to be required once they actually make a law.

If I am wrong, please correct.

Ding ding.

http://alangura.com/wp-content/uploads/2014/07/07-137-14.pdf

DC residents will get hit with unregistered. Non-DC residents may carry.   

Until the city gets a stay.

[lupinus]

Ding ding.

http://alangura.com/wp-content/uploads/2014/07/07-137-14.pdf

DC residents will get hit with unregistered. Non-DC residents may carry.   

Until the city gets a stay.

...Is it wrong that I read that document and giggled?

[Matthew Carberry]

City asked for, but has not been granted, a stay and 180 days to get a permit system set up. Plaintiffs (Gura) are offering 90, undoubtedly pointing out that Illinois's 180 turned into 270.

DC Chief Lanier and AG are playing by the rules -without- games. Park Police say they will do the same. No one wants to get hit with contempt at this point.

Contact your Congress-critter, get them on record supporting Palmer as-is or not. Get them to circulate a letter to be signed by all members. Let's make Congress take a hard stand prior to the mid-terms.

After all, Congress can make this law in the District just by voting for it, the Pres doesn't get a say IIRC.

[mtnbkr]

Even though I live near DC (as in about 30 miles away), most of my trips into the district are for touristy stuff.  How does this law affect museums, monuments, etc?

Chris

[Matthew Carberry]

If it posted no carry or is barred by various law its still off limits. Per Park Police "Park Carry" (legal by local ie DC law) applies on Mall and other basically outdoor attractions.

[230RN]

Waitaminute......  Does this mean that DC essentially is now "constitutional carry" until they come up with a "constitutional" licensing scheme for CCW?

Hilarious.  I'm surprised nobody else LOLed it.

[Hawkmoon]

Even though I live near DC (as in about 30 miles away), most of my trips into the district are for touristy stuff.  How does this law affect museums, monuments, etc?

The ruling does not address the longstanding federal law prohibiting firearms in federal facilities. Note that the law says "in," not "on." However, that hasn't stopped the Veterans Administration from posting signs citing that law and saying that firearms are prohibited anywhere on the grounds.

The law defines "federal facility" as any building or structure where federal employees routinely work. (Paraphrased) So gummint museums like the Smithsonian and monuments such as the Washingtom Monument are off limits, but you can technically walk right up to the front door of the capital building and be legal -- but you can't go inside.

EXCEPT -- Judge Scullin did issue a 90-day stay, so our ability to enjoy "constitutional carry" in DC was short-lived.

[Matthew Carberry]

The ruling does not address the longstanding federal law prohibiting firearms in federal facilities. Note that the law says "in," not "on." However, that hasn't stopped the Veterans Administration from posting signs citing that law and saying that firearms are prohibited anywhere on the grounds.

The law defines "federal facility" as any building or structure where federal employees routinely work. (Paraphrased) So gummint museums like the Smithsonian and monuments such as the Washingtom Monument are off limits, but you can technically walk right up to the front door of the capital building and be legal -- but you can't go inside.

EXCEPT -- Judge Scullin did issue a 90-day stay, so our ability to enjoy "constitutional carry" in DC was short-lived.

If the National Park Service owns it you can (could anyway) walk all over the grounds, that's the Mall and Lincoln Monument etc.

That Federal Facilities law needs to be changed to "carry is allowed per the law of the state anywhere the general public can go in the normal course of business, not requiring addl screening or permission." Just like the airport in most states.

If a given area doesn't have a screening point, isn't "employees only", and/or you don't require a pass or escort it is open to legal carry since it is, in fact, wide open to illegal carry.