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Old July 28, 2014, 09:08 AM   #34
Armorer-at-Law
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Join Date: October 29, 2002
Location: Cincinnati, OH
Posts: 465
Quote:
So at this point...right now until some court mumbo-jumbo says we have to hold off until after the next round in court...we can carry in DC?

Yes we can...until they stay the order. My guess is that this will be the world's fastest stay and appeal.
No. In order to possess a handgun in DC, you must register it for a particular use. From the Palmer decision:
Quote:
D.C. Code § 7-2502.01(a) provides that "no persons or organization in the District shall possess or control any firearm, unless the persons or organization holds a valid registration certificate for the firearm." D.C. Code § 7-2502.02(a)(4) provides that individuals who are not retired police officers may only register a handgun "for use in self-defense within that person's home." Pursuant to this statutory limitation, Defendants distribute handgun registration application forms requiring applicants to "give a brief statement of your intended use of the firearm and where the firearm will be kept."

* * *

D.C. Code § 22-4504(a) provides that "[n]o person shall carry within the District of Columbia either openly or concealed on or about their person, a pistol, without a license issued pursuant to District of Columbia law, or any deadly or dangerous weapon capable of being so concealed." The first violation of this section by a non-felon is punishable by a fine up to $5,000 and imprisonment of up to five years.

Former D.C. Code § 22-4506 empowered the District of Columbia's police chief to issue licenses to carry handguns to individuals, including to individuals not residing in the District of Columbia. However, it was Defendant District of Columbia's policy for many years not to issue such licenses. On December 16, 2008, the District of Columbia's City Council and Mayor repealed the Police Chief's authority to issue handgun carry licenses. Accordingly, the District of Columbia lacks any mechanism to issue handgun carry licenses to individuals.
The court simply told DC it had to accept applications for licenses to carry outside the home. It overturned the ban on "registration of handguns to be carried in public for self-defense by law abiding citizens." This does not mean there is "Constitutional carry" in DC now. It simply means that DC has to start accepting applications for registration for the purpose of carry, rather than just for "self-defense within the home."
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