PDA

View Full Version : Mundane... here's your permit: D.C. leaders will propose ‘concealed carry’ law




aGameOfThrones
09-17-2014, 03:27 PM
D.C. leaders will propose ‘concealed carry’ law to address federal judge’s gun ruling


Within weeks, civilian gun owners could be free to apply to carry a concealed weapon in the nation’s capital for the first time in decades, after a federal judge’s ruling prompted city leaders to create new firearms law.

The proposed law, set to be unveiled at a Wednesday afternoon news conference, was drafted by city officials after the city’s long-standing ban on carrying firearms in public was declared unconstitutional in July.

D.C. Council Chairman Phil Mendelson (D), who played a lead role in developing the gun-carry proposal and spoke about it ahead of the news conference, said the emergency legislation put together in recent weeks will be scheduled for a council vote on Tuesday.

The bill, Mendelson said, will permit city residents who own duly registered handguns and non-residents who hold state carrying licenses to apply to the D.C. police for a concealed carry permit. So-called open carry, such as the wearing of a weapon in a holster, will not be allowed under the proposed law, he said.

D.C. carry permits will be issued on a “may carry” basis, giving great discretion to D.C. Police Chief Cathy L. Lanier on who will be allowed to carry firearms in the city. Applicants will have to state a reason for seeking a permit, Mendelson said.

“The concept behind it is the absolute, complete prohibition probably cannot sustain judicial review, so we’re focusing on the individual,” Mendelson said. “What we want to do is minimize the indicators that a person might have a mental illness or history of violence or a criminal record.” Another goal, he added, is to “have a scheme that is relatively simple and can be understood.”

The draft law, which was crafted in consultation with Lanier and D.C. Attorney General Irvin B. Nathan, includes some property restrictions, including prohibitions on carrying gun inside government buildings, schools, day-care facilities, taverns or on public transportation, Mendelson said. Federal law already prohibits the carrying of weapons on most federal property.

The proposed law also includes a provision establishing a 1,000-foot zone around the movement of dignitaries, such as presidential motorcades, and certain large-scale events where gun carrying would be prohibited. To be arrested and charged under that provision, however, a licensed gun owner would have to be given notice of the law by an officer and subsequently fail to leave the no-carry zone.

The new law is being proposed after years of litigation that have targeted the city’s relatively strict gun laws. From the 1970s through 2008, the city banned the private ownership of handguns, except by law enforcement, and after the Supreme Court established a constitutional right to keep a handgun in the home, gun-rights advocates have taken aim at the city’s ban on carrying those arms in public.

U.S. District Judge Frederick J. Scullin Jr.’s ruling striking down the city’s carry ban is under a 90-day stay granted to give officials time to rewrite the law, and the city has asked Scullin to reconsider his decision. The plaintiffs in the case, who include gun owners living and working in the city, have opposed a longer stay, as well as the request for reconsideration.

Should the emergency bill pass Tuesday, it would take effect immediately upon Mayor Vincent C. Gray’s signature for 90 days. The police department would then have to issue regulations governing the permit process, which would take additional time, Mendelson said, but permit applications could start being accepted within months.


http://www.washingtonpost.com/local/dc-politics/dc-leaders-will-propose-concealed-carry-law-to-address-federal-judges-gun-ruling/2014/09/17/8ccf2636-3df6-11e4-b0ea-8141703bbf6f_story.html