Sunday, July 27, 2014

Uncharacteristically big weekend news...

By now, you've probably heard about the win for Team Us in the DC District Court in the case of Palmer v. D.C. that strikes down the ban on the lawful carry of handguns in the nation's capital.

This is a good knight fork.

Now to see if they appeal it.

If they don't, D.C. will have to go shall-issue, the very idea of which you know is causing sphincters to clang shut amongst our Betters in the Capital District even now.

If they do, and it makes it up to SCOTUS, and they lose (which appears reasonably likely in light of Heller and McDonald) then it has wider national implications for effectively "no issue" places.

[Mr. Burns voice]Excellent![/Mr. Burns Voice]


Matthew said...

The part I like is the mandatory issue for non-residents. Reciprocity or offering non-res access is now a precedent. Also, since every Citizen or legal alien will be able to carry shoulder to shoulder with the entire US government, it will make the "public safety" restriction reasoning of podunk NJ and MD, et al risible.

Ed said...

If the law is repealed, then there is no law, so it is like Vermont and several other states in that there is no "issue" at all. Carry at your discretion, not the government's.

tailwind said...

From the Palmer v DC opinion:
"...the Court grants Plaintiffs’ motion for summary judgment and enjoins Defendants from ... enforcing D.C. Code § 22-4504(a) unless and until such time as the District of Columbia adopts a licensing mechanism ..."

D.C. Code § 22-4504(a) regulates both open and concealed carry of concealable firearms as well as other concealable deadly weapons.

This could be interpreted to mean that until DC enacts a carry licensing mechanism, 22-4504(a) is unenforceable and thus open and concealed carry are legal for knives and other deadly weapons in addition to guns.

We'll see how long that lasts.

tailwind said...

WRT the Knight Fork, once a player gets four pawns all the way across the board, each can become a Queen.
This is known as the 4Q scenario, which must be spoken aloud to understand its true significance.

Murphy's Law said...

DC will appeal, because DC is like that. The City Council and it's supporters are vain and proud and jealous of their right to run the city as they see fit, the fact that they have precious little money of their own and have to subsist on handouts from the rest of the nation like our own domestic Somalia notwithstanding. A law that they passed has been struck down, so the Constitution is obviously wrong and more federal tax dollars will be required to fit to uphold it.

dustydog said...

Ironically, Consitutional Carry would be great for DC's economy.

Lower the crime rate, get more tourism, get people moving into DC from the rich Virginia and Maryland suburbs.

Alien said...

Having grown up there, I predict D.C. will proceed to Show Chicago How It Is Done:

To get a CCW there will be a 1,000 hour training requirement which includes a 300 round performance test, the posting of a multi-million dollar bond, and a holster approval process that will make the IDPA rulebook look like child's play. Carry will be prohibited on the sunny side of the street on odd numbered days, and within 500 feet of anyone who can spell the word "school." And the permit will cost $900 because of "administrative expenses."

Example: every year I presented my BMW R90/6 for annual
"safety inspection" as required, every year it was failed because "the headlight is too bright," despite the DOT approval number molded into the headlight lens (H4 bulb, doncha know), every year I went to DC DMV at 300 C St (the other side of the building is 300 Indiana Ave - the cop shop and firearms unit), spent an hour with a drone on the 4th floor who looked up the DOT info, typed a note indicating the headlight was indeed fully approved, and went back to trade the note for my inspection sticker. Every #$%@! year. And, no, the "inspectors" wouldn't accept previous year's note "because the approval status may have changed."

I was continually amazed that most laws of physics worked in DC.

Ed Jones said...

As I said at Paw Paw's, I might get to vist the Wall some day after all.

Bubblehead Les. said...

Some Technical Details. I fully expect the DC Political Elite to Appeal this Ruling all the way to SCOTUS. But they will "Slow Walk it" just as Chicago did last year. So don't plan on this hitting the Supremes until the 2015-2016 Session. The Hippies are Praying, of course for one of the Semi-Conservative Justices to Die or Retire in that Time Frame, so as to allow Obama a Chance to Anoint another Uber- Liberal to the bench to Shift the Balance. And with all those RINOs in the Senate, he might get the chance. After all, this Ruling strikes at the very Heart of the Liberal Agenda. Armed Peasants are NOT conducive to Building a Socialist Utopia.

But if that doesn't happen, it will AGAIN be Alan Gura appearing in front of the Bench, which I know is causing some of the Uber-Liberals on the Bench to stock up on Rolaids.

So Cross your Fingers.

Anonymous said...

As an attorney who has taught Constitutional Law I am not as sure the SCOTUS would affirm this ruling as others seem to be. Both in Heller and McDonald the Court repeated that some local regulation of the right to bear arms is permissible. Both decisions were 5-4.