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Thread: Federal Judge Rules DC Carry Ban Unconstitutional

  1. #1

    Federal Judge Rules DC Carry Ban Unconstitutional

    So it seems the right to keep and bear arms is safe, as long as the arms are not scary looking.

    Article here:http://www.foxnews.com/politics/2014...onstitutional/

    Note that Gura essentially had to compel the judge to issue a ruling in the case.
    Out of every one hundred men they send us, ten should not even be here. Eighty will do nothing but serve as targets for the enemy. Nine are real fighters, and we are lucky to have them, upon them depends our success in battle. But one, ah the one, he is a real warrior, and he will bring the others back from battle alive.

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  3. #2
    Quote Originally Posted by Pericles View Post
    So it seems the right to keep and bear arms is safe, as long as the arms are not scary looking.

    Article here:http://www.foxnews.com/politics/2014...onstitutional/

    Note that Gura essentially had to compel the judge to issue a ruling in the case.
    Of course he did, the Judge knew it was unconstitutional and was dragging his ass on it.

    This case has dragged in the courts for five years. Gura has twice asked the federal appeals court to force Judge Scullin to issue a decision. The five plaintiffs filed in 2009, and the case was argued twice, most recently in Oct. 2012.

  4. #3
    How long before they figure out a way around this?
    "The Patriarch"

  5. #4
    Quote Originally Posted by Origanalist View Post
    How long before they figure out a way around this?
    They already have it, the judge ordered them to create a concealed carry permitting process. All they have to do is follow the process like the ones in NJ and NY. No one ever qualifies.

  6. #5
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    Look at this crap:
    “I am gratified that after a long wait our right to protect ourselves and our families has been vindicated,” Lyon, a lawyer, said Saturday.

    He urged Mayor Vincent Gray, a Democrat, and the Democrat-controlled City Council to “swiftly enact a concealed carry law that protects the rights of law abiding citizens to protect themselves.”
    Enacting laws doesn't make things legal, laws make things illegal.

    The people have a right to bear arms, RIGHT NOW! Nothing else needs to be written, except maybe a police department policy not to harass the public for exercising their rights.
    Citizen of Arizona
    @cleaner4d4

    I am a libertarian. I am advocating everyone enjoy maximum freedom on both personal and economic issues as long as they do not bring violence unto others.

  7. #6
    Quote Originally Posted by Cleaner44 View Post
    Look at this crap:


    Enacting laws doesn't make things legal, laws make things illegal.

    The people have a right to bear arms, RIGHT NOW! Nothing else needs to be written, except maybe a police department policy not to harass the public for exercising their rights.
    You're flirting with a thought crime citation Citizen 44.
    "The Patriarch"

  8. #7
    " the right of the people to keep and bear Arms, shall not be infringed."

    I don't see any ifs, ands or buts, in that statement. Your right to keep and bear arms is infringed if you do not pass a test that cities and states require you to take to carry a firearm. Cities and states should not be allowed to make gun laws because those are in direct violation of the constitution. It is the same thought process that is used to make sure cities and states can't infringe upon the first amendment. An outright ban, or laws so convoluted that a common man could not understand them and so would not be able to take advantage of his second amendment rights, should not be tolerated by any level of government.

    I remember Ron Paul saying the Chicago gun ban was OK because he felt that it was within the state's/city's right to do that. I disagree.
    No more IRS.
    I am now old enough to vote.

  9. #8
    It may end up being a very effective way to help clean out D.C..



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  11. #9
    Quote Originally Posted by 2young2vote View Post
    " the right of the people to keep and bear Arms, shall not be infringed."

    I don't see any ifs, ands or buts, in that statement. Your right to keep and bear arms is infringed if you do not pass a test that cities and states require you to take to carry a firearm. Cities and states should not be allowed to make gun laws because those are in direct violation of the constitution. It is the same thought process that is used to make sure cities and states can't infringe upon the first amendment. An outright ban, or laws so convoluted that a common man could not understand them and so would not be able to take advantage of his second amendment rights, should not be tolerated by any level of government.

    I remember Ron Paul saying the Chicago gun ban was OK because he felt that it was within the state's/city's right to do that. I disagree.
    I agree on principle. Though, I can't imagine the Federal government ever actually forcing a state to allow gun rights and I do wonder what that would look like. But, I agree with you on principle.

    Did Ron say it was "OK" or just that the Feds shouldn't do anything about it? Because there is a difference.

  12. #10
    Quote Originally Posted by Cleaner44 View Post
    Enacting laws doesn't make things legal, laws make things illegal.

    The people have a right to bear arms, RIGHT NOW! Nothing else needs to be written, except maybe a police department policy not to harass the public for exercising their rights.
    If people weren't alienated from their Right to SELF-PRESERVATION, then the illusion of the necessity of police departments would be dispelled.
    All modern revolutions have ended in a reinforcement of the power of the State.
    -Albert Camus

  13. #11
    Too late for Adam Kokesh and it might not last long but it seems Constitutional carry is the law in D.C. right now.

    In light of Heller, McDonald, and their progeny, there is no longer any basis on which this Court can conclude that the District of Columbia’s total ban on the public carrying of ready-to-use handguns outside the home is constitutional under any level of scrutiny. Therefore, the Court finds that the District of Columbia’s complete ban on the carrying of handguns in public is unconstitutional. Accordingly, 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 consistent with constitutional standards enabling people to exercise their Second Amendment right to bear arms.4 Furthermore, this injunction prohibits the District from completely banning the carrying of handguns in public for self-defense by otherwise qualified non-residents based solely on the fact that they are not residents of the District.

    No doubt the D.C. government will work quickly to place some restrictions on carry outside of the home. But today is Saturday, the 26th of July. I refuse to beleive that they will be able to enact an ordinance or obtain a stay from the appeals court before Monday. For some period of time, it will be legal to carry a firearm outside of your home in D.C. without a permit to carry.
    Dick Heller (yes the famous Heller of the Supreme Court case) is celebrating the resounding victory in the Palmer v. D.C. carry outside the home case that was released yesterday. From Dick:


    Within minutes of getting home and sitting down at my kitchen table, I received a phone call. It was George Lyon, a plaintiff in the case as well as an attorney. He shared the good news that Judge Scullin, who was appointed by Justice Roberts, had issued a decision striking down the ridiculous and useless restrictions on self-defense with a firearm outside my home.

    With George on the phone, we noted that at least for the next few hours (or even days) Washington D.C. joins states like Arizona and Vermont in being “constitutional carry” jurisdictions. George went on to advise against strapping on my Buntline Special lest I run into an ill-informed member of the MPD and wind up “ventilated.”
    Link:http://gunwatch.blogspot.com
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  14. #12
    [Unconfirmed]DC Police Chief Tells Force To Allow Full Reciprocity For Concealed And Open Carry

    http://concealednation.org/2014/07/b...nd-open-carry/

  15. #13
    .....and it's gone.

    http://www.washingtonpost.com/local/...d1394&hpid=z11

    A federal judge on Tuesday delayed a ruling overturning the District’s long-standing ban on carrying handguns in public, once again making it illegal to have firearms on city streets.

    Authorities have 90 days to decide whether to rewrite the law to conform with the court ruling. The District could also appeal the judge’s decision. Mayor Vincent C. Gray (D) said that officials are still deciding on a strategy but that an announcement would be made “in a matter of days.”

    As lawmakers get to work, D.C. police returned to past arrest practices. Ten minutes after the judge granted the reprieve at 1:20 p.m., Police Chief Cathy L. Lanier rescinded orders hurriedly issued Sunday night and told 4,000 officers that “all laws related to firearms regulations and crimes remain in effect.”

    more at link
    "Let it not be said that we did nothing."-Ron Paul

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