Tuesday, July 29, 2014

Constitutional Carry Confirmed For D.C.

Yesterday evening, Emily Miller tweeted that D.C. Police Chief Cathy Lanier had issued an order that police were not to arrest people who could legally carry in their home state; or D.C. residents who could now legally carry in the District of Columbia.

Early this morning, the Washington Post confirmed Miller's scoop, only in more detail:

Lanier’s instructions to police also said that residents of other jurisdictions without felony records would not be charged under the ban on carrying pistols.
While the story emphasized that the D.C. attorneys will be seeking a stay, it is not certain that a stay would be granted or when it might be granted.  Alan Gura is quoted:
 “The decision is in effect, unless and until the court stays its decision,” said Alan Gura, the lawyer who represents the group challenging the ban.
Gura predicted that crime in the District will drop, that the removal of the burdensome restrictions will have an immediate, positive effect.  The court decision resolves a case that was filed nearly five years ago.   Alan Gura filed petitions for a write of mandamus (to force the court to make a decision) twice.  The last time was on May 6th of this year.

Stays of a court order are usually only granted if the petitioner can show some harmful effect if the order is left in place.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

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