Monday, July 28, 2014

D.C. carry ban struck down!

Just a quick word on the monumental news of the USDC striking down D.C.'s ban on carrying guns, since folks have been saying that the ruling requires D.C. to accept reciprocity for out of state permits.

While it is true that the ruling appears to say that D.C. can't ban carry for D.C. residents or non-residents, I couldn't just slip my J-frame into my pocket and carry there tomorrow on my VA or AZ etc. non-resident permit.  My reading of the opinion is that while D.C. can't ban carry, anyone wishing to do so must carry a firearm that is legally registered in D.C.  So yeah, you could carry in D.C., but you'd still be violating their possession statute by bringing both an unregistered firearm and unregistered ammunition into the District.  IANAL, but that's how I see it.

UPDATE - I'm sick and my brain is apparently not working today. 7-2502 02(a)(4) is the statute regarding registration.

The Court says,

 "the Court grants Plaintiffs’ motion for summary judgment and enjoins Defendants from enforcing the home limitations of D.C. Code § 7-2502.02(a)(4) and enforcing D.C. Code § 22-4504(a) unless and until such time as the District of Columbia adopts a licensing mechanism"


Bubblehead Les. said...

Exactly! I wouldn't take the chance until this gets Nailed Down, Mike. And I think it'll have to go to the Supremes for Final Resolution. And the way the Anti-Gun Politicians like to "Slow Walk" Appeals in cases that are Against them, I can see this taking until June 2016 to get Resolved.

Besides, Alan Gura LIKES to get our RKBA Cases up to SCOTUS. Something about making sure that our Freedoms can't be Over-Turned....

Anonymous said...

You are right. I wouldn't try to carry in D.C. until and unless I had a permit that I knew was valid there, e.g., a formal reciprocity agreement with other jurisdictions. And that can't be worked out until D.C. has its own licensing system in place. (Don't hold your breath.) And that is assuming that the current ruling is not going to be reversed or modified on appeal.

Safe is always better than sorry.