Delaware Concealed Carry Forum
State News & Gun News => NRA & National Gun News => Topic started by: Paladin4CA on July 27, 2014, 02:29:03 AM
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The district judge just released his decision today (Sat, July 26th).
http://alangura.com/2014/07/victory-in-palmer-v-d-c/
http://www.foxnews.com/politics/2014/07/26/emily-miller-federal-judge-rules-dc-ban-on-gun-carry-rights-unconstitutional/
ETA: revised title to more accurately reflect ruling.
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This is huge. With the 7th and the 9th. On our side and the 3rd and 4th on the other how can the Supreme Court stay out of this.
I do hope congress will forbid the District from spending any money fighting this.
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For those who aren't up to speed re. the nationwide fight for the RKBA in public for self-defense, I have a thread over on CalGuns.Net where I update the opening post as things progress.
I also keep tabs on other types of RKBA cases there, but the focus is Carry.
http://www.calguns.net/calgunforum/showthread.php?t=812950
Currently, in brief, in the 9th Circuit, we're awaiting their decision re. allowing CA AG Harris to intervene in Peruta and, if so, whether they'll grant either a rehearing by the original 3-judge panel, or allow a rehearing en banc.
We expect Evan Nappen to ask SCOTUS for cert. by Aug. 28th in the NJ carry case Pantano.
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If this decision sticks, it appears that Delaware & all other states will be forced to issue permits to non-residents.
This will lead to numerous legal problems in states such as NJ & MD.
For example, if a Delaware resident has a valid CDW permit, it is a logical conclusion that he/she has a "need" to carry a weapon.
How can this need be sufficient in one state but not another?
How can a state deny a permit if another, or several others have granted one to a person?
I'm sure that the states in question will not concur with this logic. However, if they don't, they will be forced to spend millions
defending themselves against the SAF & others.
If they do agree, they will be flooded with applications that will completely overwhelm their systems and again result in lawsuits due to their inability to process them.
This leaves only one logical & reasonable solution: Universal concealed carry reciprocity
If reciprocity is granted as a matter of law or legal precedent, states will no longer be able to justify anything other than Shall Issue.
For example, if PA is Shall Issue and PA residents are granted MD permits, how can MD residents be held to a different standard?
Of course, I am a logical & reasonable person and "they" are not. I suspect much fear mongering regarding this issue by Monday morning.
I also suspect that many in the anti 2A crowd will be sweating bullets this weekend.
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I don't see DC caving in any time soon. They will go kicking and screaming all the way. Once forced to issue permits the training and costs will be outrageous and the bureaucratic process a nightmare. Not meaning to gloat (OK maybe just a bit) it was a good feeling taking my family family from out of state to sight see in DC last month. At the Smithsonian I showed them my ID (I'm a C/O), told them I was carrying a firearm, and they escorted us past security. It would be nice if ALL people were granted that same right.
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For those who aren't up to speed re. the nationwide fight for the RKBA in public for self-defense, I have a thread over on CalGuns.Net where I update the opening post as things progress.
I also keep tabs on other types of RKBA cases there, but the focus is Carry.
http://www.calguns.net/calgunforum/showthread.php?t=812950
Currently, in brief, in the 9th Circuit, we're awaiting their decision re. allowing CA AG Harris to intervene in Peruta and, if so, whether they'll grant either a rehearing by the original 3-judge panel, or allow a rehearing en banc.
We expect Evan Nappen to ask SCOTUS for cert. by Aug. 28th in the NJ carry case Pantano.
Thanks for your input here
In that this case had been hanging out there for 5 years, I don't think it is an accident that it came out just as congress may be finally doing something about the DC gun laws
I hope that pressure can be placed on DC to accept this and finally get on the right side of history.
If they choose to fight, I see congress stepping in.
They will go down kicking and screaming but in the end the case of the DC government for No Carry is looking shakier and shakier
That said I would imagine they would try for the most restrictive carry laws that they can get away with. Probably a pseudo "shall issue" like Illinois now has. IMHO