Thursday, October 19, 2017

Court Issues Mandate to D.C.: Issue Gun Permits

The District of Columbia, also known as Washington, D.C., has officially become a "shall issue" jurisdiction. The outcome was certain when the government of the District decided not to appeal the decision in Wrenn v. D.C and Grace v. D.C. (the cases were combined) after the United States Court of Appeals refused to grant a review of the decision en banc. From
Q: Since you aren’t asking the Supreme Court to review the D.C. Circuit decision, when does their ruling removing the District’s “good reason” requirement take effect?

A: It will take effect when the D.C. Circuit issues what the courts call a “mandate” that effectuates its decision. That should happen at some point in the next few days.
The mandate was issued without fanfare on October 6th, 2017. People have quietly been applying for permits. The District of Columbia has made some accommodations for people who were previously turned down under the "may issue" law.  At the Crime Prevention Research Center, founded by John Lott, the following map of D.C.'s "gun free" zones was produced. It is a "worst case" based on plausible interpretation of D.C.s muddy law.

Those "gun free" zones would make exercise of the Second Amendment in D.C. a virtual impossibility. Later, the CPRC published a map on a somewhat less pessimistic interpretation. It would still be virtually impossible to travel in the District, legally bearing arms, without violating the law.

The Washington Free Beacon investigated John Lott's interpretation of the law with the Washington D.C. Metropolitan Police Department (MPD). The MPD replied that the ban on guns in most of the gun free zones was only a penalty enhancement, not a ban on people who had permits to carry.  From the
However, after further questions from other outlets including the Washington Times, MPD issued a statement disputing Lott's interpretation. Instead, they said, the provision only applies to those who are carrying illegally in those areas. It does not apply to those who are legally carrying with a valid permit.

"The provision of D.C. Code that you’re referencing about Gun Free Zones is a penalty enhancement—not a unique crime—for someone who is illegally carrying a firearm," Rachel Schaerr Reid, MPD public affairs specialist, told the Free Beacon. "That would not apply to someone with a valid license to carry. The areas of the city where a civilian with a license to carry cannot carry are listed in D.C. Code § 7—2509.07."

The Free Beacon reached out to the attorney general to confirm that they agree with the MPD's interpretation but has not yet received a reply.
The people who have gone through the multitudinous hoops to obtain a permit to exercise their Second Amendment rights in the District of Columbia are still uncertain where they can bear arms and not be in legal jeopardy.

Eventually, the Attorney General may issue an opinion. Or not. District of Columbia Attorney General Karl A. Racine is openly hostile to exercise of the Second Amendment in D.C.

The Second Amendment Foundation is waiting in the wings, ready to file another lawsuit, if the D.C. government continues to make exercise of Second Amendment right in the District a practical impossibility.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


Anonymous said...

The entire problem with the second amendment rights must be settled once and for all. The right of the people to keep and bare arms shall not be infringed is the legal command to prevent any gun laws or other weapons laws to be enacted. constitutionally Congress never has had the authority to pass any acts to prevent the general public from carrying any weapons of any kind. common sense would make it clear what any one could physically pick up and carry But then to keep is also stated in the second amendment. I could keep a 105 howitzer in my garage. I could mount a .50 caliber machine gun on my truck. Government has no authority greater than the public to keep any kinds of arms. Government can not tell you what you can buy or force you to buy anything. Constitutionally government does not own anything what government has is purchased with our tax money government manages what it buys with our money for us. Government has the heavy weapons we normally could not afford and maintains those weapons in case we the militia are called to action for defense of the home land. When this country was founded the government had no arsenals and every one needed to keep their weapons at the ready if the government did call up the militia. ALL subsequently passed gun or weapons laws are merely political bullshit. passed by chicken shit bastards that fear any kind of a weaponry. The supreme court has ruled no one has the power or authority to deny any one constitutionally guaranteed rights and no one includes congress and any other government civil authority. Our right are guaranteed by the constitution, not granted by the constitution. our right are inalienable that means they come from God.

Anonymous said...

If any one ever comes across a fish that can shoot back I want one. Gun free zones simply create areas with fish in a barrel or people that can not shoot back. there is no possible way to prevent twisted morons from attacking any where any time but every one should be able to fight back including defending their life with deadly force. It only takes one armed person to stop a deadly attack any where any time. the survivors of deadly attacks never volunteer to die when someone has the means to stop the killing. No one ever steps forward and says shoot me they missed me. The second amendment does not force any one to carry but no one has the right to deny my right to carry. People always fear things they do not know any thing about. That specifically why fire arms safety should be taught in school. the earlier the better. most accidents happen due to lack of knowledge of how to handle fire arms and other weapons. My DAD TAUGHT ME HOW TO SHARPEN A KNIFE AT AGE 8 YEARS. I have and have learned to use many other weapons.

Anonymous said...

Read the Bible God told Joshua to arm 600,000 men and take no prisoners against a superior force and he won.