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Author Topic: "A DC Federal Court Just Ruled Carrying Guns In Public Is A "Core" 2nd A Right"  (Read 1590 times)
Paladin4CA
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« on: July 25, 2017, 09:29:36 PM »

Quote
A federal appeals court on Tuesday struck down Washington, DC's latest attempt to limit residents' right to carry guns in public.

The US Court of Appeals for the DC Circuit held in a 2–1 decision that public carrying of firearms is a "core" Second Amendment right, and that the District's regulations amounted to a "total ban" on exercising that right. The ruling breaks with several federal appeals courts that upheld similar regulations in other states.

"For that long struggle against gun violence, you might see in today’s decision a defeat; you might see the opposite. To say whether it is one or the other is beyond our ken here. We are bound to leave the District as much space to regulate as the Constitution allows — but no more," DC Circuit Judge Thomas Griffith wrote in the majority opinion.

The US Supreme Court ruled in 2008 that people have a Second Amendment right to keep guns at home, but the justices haven't decided whether the same is true for public carrying. The Supreme Court in June declined to hear a case, similar to that heard by the District, about public carrying regulations. Justices Clarence Thomas and Neil Gorsuch said they would have heard the case. The DC case could present another opportunity.

More at:
https://www.buzzfeed.com/amphtml/zoetillman/a-dc-federal-court-just-ruled-carrying-guns-in-public-is-a
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Obleo
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« Reply #1 on: July 30, 2017, 01:51:45 PM »

I see a win.  Is everyone still awe struck by this decision?
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NormH3
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« Reply #2 on: July 30, 2017, 04:19:46 PM »

I see a win.  Is everyone still awe struck by this decision?

It's a win because it sets precedent. Other judges can use it when decisions are made or more importantly, attorneys can use it to either defend or bring a case to court.
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Clarence
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« Reply #3 on: July 31, 2017, 03:07:50 AM »

I'm sure that the District will ask the full circuit court to rule ( en banc).  Probably we loose on that.  Then to try again for certori in the Supreme Court.  

If so, hopefully we get a hearing.  And if so, what position will the Trump Justice department take?
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Paladin4CA
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« Reply #4 on: July 31, 2017, 05:43:12 PM »

I'm sure that the District will ask the full circuit court to rule ( en banc).  Probably we loose on that.  Then to try again for certori in the Supreme Court. 

If so, hopefully we get a hearing.  And if so, what position will the Trump Justice department take?

I don't think they will appeal this loss for the reason you gave: they'd win en banc and then we'd have the right to seek cert by SCOTUS in 1 - 2 years. Many think Kennedy will retire next June. RBG might "go" at any time. Breyer is no spring chicken (late 70s). Once the DC asks for en banc appeal, the process is out of their hands and they may end up defending their May Issue law before a SCOTUS packed with pro-2nd A Trump appointees. If they lose there, the 8 remaining May Issue states (yellow in the map below) will either have to go Shall Issue or allow Open Carry (incl D.C. and NYC). Since OC is banned in CA, that means Shall Issue for all 33,000,000 of us, that's especially important for the ~19,000,000 who live in the major urban counties that rarely issue CCWs.

Instead, I think the antis will cut their loses, lick their wounds and hope a Dem wins in 2020 (or antis at least take back the Senate in 2018).

We should know whether DC chooses to ask for en banc appeal or SCOTUS for cert instead or decides to not to appeal by the end of August.



« Last Edit: August 01, 2017, 07:22:20 PM by Paladin4CA » Logged

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Paladin4CA
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« Reply #5 on: September 28, 2017, 07:13:50 PM »

Quote
Appeals court order blocks enforcement of D.C.’s strict concealed carry law

D.C. officials will not be able to enforce the city’s strict limits on carrying concealed firearms on the streets of the nation’s capital under a court order issued Thursday.

The brief statement from a federal appeals court in Washington is the latest setback for the District’s efforts to restrict the carrying of guns in public places to people who demonstrate a “good reason” to do so.

The District’s top lawyer had asked the full U.S. Court of Appeals for the D.C. Circuit to rehear a challenge to the gun-control law after a panel of three judges ruled against the city in July. But on Thursday, the appeals court declined, without explanation, to revisit the case.

The city’s permitting system had remained in effect while the appeal to the full court was under review — a holding pattern that meant the District still was able to bar most residents from carrying concealed guns.

The city now has seven calendar days to decide whether to ask the Circuit Court to put its Thursday ruling on hold as it decides whether to seek review by the Supreme Court.
More at:
https://www.washingtonpost.com/local/public-safety/appeals-court-order-blocks-enforcement-of-dcs-strict-gun-control-law/2017/09/28/04734362-a482-11e7-ade1-76d061d56efa_story.html
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MarkB
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« Reply #6 on: September 28, 2017, 08:31:36 PM »

The full court has refused to consider the panel's decision.  It stands.

https://www.nraila.org/articles/20170928/federal-court-of-appeals-declines-to-reconsider-opinion-striking-down-district-of-columbia-law-concealed-carry-ban
« Last Edit: September 29, 2017, 06:50:07 PM by MarkB » Logged

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Clarence
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« Reply #7 on: September 29, 2017, 05:00:50 PM »

This is truely good news.  Perhaps one of the best for our side since Heller/McDonald.  

If city does not appeal to Supreme Court, this stands and will be precedent for future challenges .  If they do and Supreme Court upholds, this will be end of "may issue" nationwide.
« Last Edit: October 05, 2017, 03:10:54 PM by Clarence » Logged

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Clarence
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« Reply #8 on: October 05, 2017, 03:09:42 PM »

D.C. Will not appeal.  They are afraid that a loss in SCOTUS will doom "may issue" scams in places like New Jersey, California,Ad Nausium
« Last Edit: October 07, 2017, 10:31:34 AM by Clarence » Logged

DE PA VA AZ FL ccw. NRA Life Member.

For slavery fled, O glorious dead, When you fell in the foggy dew.
groundgrid
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« Reply #9 on: October 06, 2017, 08:26:16 PM »

Is anyone interested in getting a DC instructor to come here for a group training session?

There isn't anything else in the application that should hinder any of us from getting a permit.
They have already removed the "good cause" questions from the application.

Link to DC permit application:
https://mpdc.dc.gov/page/applying-license-carry-handgun
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MarkB
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« Reply #10 on: October 06, 2017, 08:48:35 PM »

Will DC issue to a non-resident?
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groundgrid
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« Reply #11 on: October 06, 2017, 09:16:28 PM »

Requirements according to the DC statute:

(f) Has a bona fide residence or place of business:
(1) Within the District of Columbia;
(2) Within the United States and a license to carry a pistol concealed upon his or her person issued by the lawful
authorities of any State or subdivision of the United States;
or
(3) Within the United States and meets all registration and licensing requirements pursuant to the Act;
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Here’s the real issue: when your religion is government, and government is god, you cannot tolerate any other God before it
(The reason why Liberal/Progressives have waged a war on Christianity)
Clarence
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« Reply #12 on: October 07, 2017, 10:30:00 AM »

They have now officially thrown in the towel.  For those who wish to go through the process, see below the instructions and application.  Yes, available to non residents.  You must register the gun you are going to carry, but other than that the process is less onorous than Delaware. Not surprising in that Delaware is the most difficult of ANY state that actually issues to mere mortals.

https://mpdc.dc.gov/page/applying-license-carry-handgun

Remember also.  This success from a complete ban on handguns in 2008 to today's shall issue is NOT to be credited to the NRA, but rather to the Second Amendment Foundation.  Remember this when making Christmas gifts.
« Last Edit: October 07, 2017, 07:37:09 PM by Clarence » Logged

DE PA VA AZ FL ccw. NRA Life Member.

For slavery fled, O glorious dead, When you fell in the foggy dew.
Trapper
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« Reply #13 on: October 07, 2017, 05:11:10 PM »

Is anyone interested in getting a DC instructor to come here for a group training session?

There isn't anything else in the application that should hinder any of us from getting a permit.
They have already removed the "good cause" questions from the application.

Link to DC permit application:
https://mpdc.dc.gov/page/applying-license-carry-handgun


I would be very interested!


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« Reply #14 on: October 07, 2017, 05:32:45 PM »

They have now officially thrown in the towel.  For those who wish to go through the process, see below the instructions and application.  Yes, available to non residents.  You must register the gun you are going to carry, but other than that the process is less onorous than Delaware. Not surprising in that Delaware is the most difficult of ANY state that actually issues to mere mortals.

https://mpdc.dc.gov/page/applying-license-carry-handgun

Remember also.  This success from a complete ban on handguns in 2008 to today's shall issue is NOT to be credited to the NRA, but rather to the Second Amendment Foundation.  Remember this when makeing Christmas gifts.

Thanks Clarence, I sent the Second Amendment Foundation a little gift!
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