A Federal judge has just overturned the Federal ban on handgun carry in the District of Columbia: https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2009cv1482-51 .

Rockstar Second Amendment attorney Alan Gura and the Second Amendment Foundation have scored another major victory.   Here is Washington writer Emily Miller’s take: http://www.foxnews.com/politics/2014/07/27/emily-miller-federal-judge-rules-dc-ban-on-gun-carry-rights-unconstitutional/ .

The DC police chief has reportedly ordered officers not to arrest gun carriers who have legitimate permits from other jurisdictions at this time, which would have the effect of legalizing carry with permits from elsewhere but not for DC residents, who have none. Some folks interpret the ruling as “Constitutional Carry” which encompasses DC residents whose handguns are registered in the District as per local law.  However, a lawyer friend of mine close to the situation offers this cautious advice:  “Obviously, I do *not* recommend carrying or possessing a firearm in D.C. until this matter is fully litigated, unless such carrying or possession would be legal under the law as it previously stood; it is likely that the decision will be promptly stayed once an appeal is filed.”

Discussion invited.

92 COMMENTS

  1. Well, don’t get too excited too quickly. For tourists all the federal buildings, Smithsonian, Capitol, Monuments etc. will still be off-limits as federal property. But I am much more encouraged that having a loaded magazine or ammunition in my auto coming into and out of DC from Virginia will not be an issue any longer.

  2. Well, don’t get too excited too quickly. For tourists all the federal buildings, Smithsonian, Capitol, Monuments etc. will still be off-limits as federal property. But I am much more encouraged that having a loaded magazine or ammunition in my auto coming into and out of DC from Virginia will not be an issue any longer.

  3. Well, don’t get too excited too quickly. For tourists all the federal buildings, Smithsonian, Capitol, Monuments etc. will still be off-limits as federal property. But I am much more encouraged that having a loaded magazine or ammunition in my auto coming into and out of DC from Virginia will not be an issue any longer.

  4. THIS COUNTRY has abused and used it’s citizens since it was formed. we have gotten a little better with minorities, even to the point of those people thinking that guns are not need. the fact is minorities need them even more then the majority. really we in america have lost freedom over all while minorities have gained a little. over all this is not the america i was taught in school. we are guilty until we prove our innocence. we are not trust worthy enough to have a weapon unless totally scrutinized by the government. they are registering the sales of guns at the border, next step is to make a national registry. this is of course illegal. no knock search warrants, a lot of what we fought the revolution for. this form of entry is dangerous to innocent citizens and the law enforcement. was done to keep people from flushing drugs, please they should be going after people selling quantities that can not be flushed. they have busted into houses and killed the occupants, our judicial process was built to let some of the guilty go so we do not persecute the innocent. we are living in debt and borrowing money to give to other nations. we can not support ourselves let a lone any other nation. times have changed. prohibition never will and never has worked.punishing people for moral crimes is a crime in it’s self. their sexual preference, their religion or not (if someone wants to be a communist that is their business), whether they want to defend themselves or not, if they want to kill them-self, and if they want to do drugs it is their business. they have to live with the consequences of their actions. when my nose starts your freedom ends. we have thrown money at prohibitions and never learn the lesson. it only creates more problems. just as the prohibitions of guns would also do. trying to tax cigarettes out of existence is nothing more then prohibition. it is worse then a heroin habit but i will fight for the right of any adult to make their own decisions. if you do not want to be free that is your business, you can have your parents telling you what to do your whole life, just leave me out of it. i will make my own decisions, thank you. the supreme court can change it’s decisions and make it not a right. they are the final say and they do not have to be right. the right you say is ours certainly is, but the supreme court ruled it was in a 5 to 4 victory. 4 said you do not have the right. 1 more anti gun justice and the right is gone. i am not lawyer but i believe that inalienable right will be removed as a right in this country. scares the hell out of me. i hope i am wrong, but i believe with the brain washing inn schools within 2 generations this country will have lost that right. now their control will be complete. they can read, listen to, and take your pictures even in your house (bedroom). why not, if you are not doing anything wrong, what have you got to worry, or hide from the government. they can now kill american citizens without any judicial proceedings. now who makes the decision about who can be killed. things are getting crazy or maybe it is just me.

  5. THIS COUNTRY has abused and used it’s citizens since it was formed. we have gotten a little better with minorities, even to the point of those people thinking that guns are not need. the fact is minorities need them even more then the majority. really we in america have lost freedom over all while minorities have gained a little. over all this is not the america i was taught in school. we are guilty until we prove our innocence. we are not trust worthy enough to have a weapon unless totally scrutinized by the government. they are registering the sales of guns at the border, next step is to make a national registry. this is of course illegal. no knock search warrants, a lot of what we fought the revolution for. this form of entry is dangerous to innocent citizens and the law enforcement. was done to keep people from flushing drugs, please they should be going after people selling quantities that can not be flushed. they have busted into houses and killed the occupants, our judicial process was built to let some of the guilty go so we do not persecute the innocent. we are living in debt and borrowing money to give to other nations. we can not support ourselves let a lone any other nation. times have changed. prohibition never will and never has worked.punishing people for moral crimes is a crime in it’s self. their sexual preference, their religion or not (if someone wants to be a communist that is their business), whether they want to defend themselves or not, if they want to kill them-self, and if they want to do drugs it is their business. they have to live with the consequences of their actions. when my nose starts your freedom ends. we have thrown money at prohibitions and never learn the lesson. it only creates more problems. just as the prohibitions of guns would also do. trying to tax cigarettes out of existence is nothing more then prohibition. it is worse then a heroin habit but i will fight for the right of any adult to make their own decisions. if you do not want to be free that is your business, you can have your parents telling you what to do your whole life, just leave me out of it. i will make my own decisions, thank you. the supreme court can change it’s decisions and make it not a right. they are the final say and they do not have to be right. the right you say is ours certainly is, but the supreme court ruled it was in a 5 to 4 victory. 4 said you do not have the right. 1 more anti gun justice and the right is gone. i am not lawyer but i believe that inalienable right will be removed as a right in this country. scares the hell out of me. i hope i am wrong, but i believe with the brain washing inn schools within 2 generations this country will have lost that right. now their control will be complete. they can read, listen to, and take your pictures even in your house (bedroom). why not, if you are not doing anything wrong, what have you got to worry, or hide from the government. they can now kill american citizens without any judicial proceedings. now who makes the decision about who can be killed. things are getting crazy or maybe it is just me.

  6. THIS COUNTRY has abused and used it’s citizens since it was formed. we have gotten a little better with minorities, even to the point of those people thinking that guns are not need. the fact is minorities need them even more then the majority. really we in america have lost freedom over all while minorities have gained a little. over all this is not the america i was taught in school. we are guilty until we prove our innocence. we are not trust worthy enough to have a weapon unless totally scrutinized by the government. they are registering the sales of guns at the border, next step is to make a national registry. this is of course illegal. no knock search warrants, a lot of what we fought the revolution for. this form of entry is dangerous to innocent citizens and the law enforcement. was done to keep people from flushing drugs, please they should be going after people selling quantities that can not be flushed. they have busted into houses and killed the occupants, our judicial process was built to let some of the guilty go so we do not persecute the innocent. we are living in debt and borrowing money to give to other nations. we can not support ourselves let a lone any other nation. times have changed. prohibition never will and never has worked.punishing people for moral crimes is a crime in it’s self. their sexual preference, their religion or not (if someone wants to be a communist that is their business), whether they want to defend themselves or not, if they want to kill them-self, and if they want to do drugs it is their business. they have to live with the consequences of their actions. when my nose starts your freedom ends. we have thrown money at prohibitions and never learn the lesson. it only creates more problems. just as the prohibitions of guns would also do. trying to tax cigarettes out of existence is nothing more then prohibition. it is worse then a heroin habit but i will fight for the right of any adult to make their own decisions. if you do not want to be free that is your business, you can have your parents telling you what to do your whole life, just leave me out of it. i will make my own decisions, thank you. the supreme court can change it’s decisions and make it not a right. they are the final say and they do not have to be right. the right you say is ours certainly is, but the supreme court ruled it was in a 5 to 4 victory. 4 said you do not have the right. 1 more anti gun justice and the right is gone. i am not lawyer but i believe that inalienable right will be removed as a right in this country. scares the hell out of me. i hope i am wrong, but i believe with the brain washing inn schools within 2 generations this country will have lost that right. now their control will be complete. they can read, listen to, and take your pictures even in your house (bedroom). why not, if you are not doing anything wrong, what have you got to worry, or hide from the government. they can now kill american citizens without any judicial proceedings. now who makes the decision about who can be killed. things are getting crazy or maybe it is just me.

  7. First: TGom606> It’s a “her” not a “him”.
    Second: It sure would be nice to have this ruling truly in effect for 6 months and see the violent crime against individuals plummet. I wonder how the #&%@*!’s in charge would explain that? I won’t say “even better” because I wouldn’t want it to happen but, to see violent crime against individuals skyrocket back up if they re-instituted a ban on carrying defensive firearms, would be extremely difficult for them to explains in their terms…

  8. First: TGom606> It’s a “her” not a “him”.
    Second: It sure would be nice to have this ruling truly in effect for 6 months and see the violent crime against individuals plummet. I wonder how the #&%@*!’s in charge would explain that? I won’t say “even better” because I wouldn’t want it to happen but, to see violent crime against individuals skyrocket back up if they re-instituted a ban on carrying defensive firearms, would be extremely difficult for them to explains in their terms…

  9. First: TGom606> It’s a “her” not a “him”.
    Second: It sure would be nice to have this ruling truly in effect for 6 months and see the violent crime against individuals plummet. I wonder how the #&%@*!’s in charge would explain that? I won’t say “even better” because I wouldn’t want it to happen but, to see violent crime against individuals skyrocket back up if they re-instituted a ban on carrying defensive firearms, would be extremely difficult for them to explains in their terms…

  10. While it’s off-topic here, I’d like to recommend Andrew Branca’s analysis of the recent Tom Greer / Andrea Miller shooting over at Legal Insurrection to Mas’ faithful readers. While I’m not above pointing out “bad” self-defense claims as reasons to question our concealed-carry and self-defense laws, or as illustrations of how many people don’t really understand those laws and believe that they can use them as as self-justification for machismo or vigilantism, this isn’t one of those cases. (Or at least not mostly.) What Branca does do is to illustrate that (a) self-defense situations can have stages in which one’s self-defense rights dramatically change and (b) that one’s mouth can fire a round into one’s own foot far better than one’s firearm. For those who feel the need to arm themselves for self-defense it’s worth reading. The link is: http://legalinsurrection.com/2014/07/pro-tip-shooting-fleeing-women-in-the-back-is-not-self-defense/ Just let me note one important point that’s not made clear in Branca’s article: The deceased home invader was shot outside of the shooter’s home, not inside.

  11. While it’s off-topic here, I’d like to recommend Andrew Branca’s analysis of the recent Tom Greer / Andrea Miller shooting over at Legal Insurrection to Mas’ faithful readers. While I’m not above pointing out “bad” self-defense claims as reasons to question our concealed-carry and self-defense laws, or as illustrations of how many people don’t really understand those laws and believe that they can use them as as self-justification for machismo or vigilantism, this isn’t one of those cases. (Or at least not mostly.) What Branca does do is to illustrate that (a) self-defense situations can have stages in which one’s self-defense rights dramatically change and (b) that one’s mouth can fire a round into one’s own foot far better than one’s firearm. For those who feel the need to arm themselves for self-defense it’s worth reading. The link is: http://legalinsurrection.com/2014/07/pro-tip-shooting-fleeing-women-in-the-back-is-not-self-defense/ Just let me note one important point that’s not made clear in Branca’s article: The deceased home invader was shot outside of the shooter’s home, not inside.

  12. While it’s off-topic here, I’d like to recommend Andrew Branca’s analysis of the recent Tom Greer / Andrea Miller shooting over at Legal Insurrection to Mas’ faithful readers. While I’m not above pointing out “bad” self-defense claims as reasons to question our concealed-carry and self-defense laws, or as illustrations of how many people don’t really understand those laws and believe that they can use them as as self-justification for machismo or vigilantism, this isn’t one of those cases. (Or at least not mostly.) What Branca does do is to illustrate that (a) self-defense situations can have stages in which one’s self-defense rights dramatically change and (b) that one’s mouth can fire a round into one’s own foot far better than one’s firearm. For those who feel the need to arm themselves for self-defense it’s worth reading. The link is: http://legalinsurrection.com/2014/07/pro-tip-shooting-fleeing-women-in-the-back-is-not-self-defense/ Just let me note one important point that’s not made clear in Branca’s article: The deceased home invader was shot outside of the shooter’s home, not inside.

  13. Before we break out the champagne and fireworks, we need to step back and take a deep breath, and wait for things to settle down before rejoicing.

    Maybe being an ex-LEO has made me too cynical, but I just don’t trust any politically motivated persons, and that includes judges and police chiefs, who tells us something that sounds too good to be true. We need to analyze this and read the fine print, and wait to see what happens in coming months before believing this too good sounding news.

    Be aware this could be a ploy to lull us into complacency by giving us a little to take away a lot. As a former avid chess player, I have often sacrificed high value pieces, including my queen, to gain a checkmate several moves later. Until I see it printed in a state statute book and/or city ordinance, I would take this information with a large grain of salt.

  14. Before we break out the champagne and fireworks, we need to step back and take a deep breath, and wait for things to settle down before rejoicing.

    Maybe being an ex-LEO has made me too cynical, but I just don’t trust any politically motivated persons, and that includes judges and police chiefs, who tells us something that sounds too good to be true. We need to analyze this and read the fine print, and wait to see what happens in coming months before believing this too good sounding news.

    Be aware this could be a ploy to lull us into complacency by giving us a little to take away a lot. As a former avid chess player, I have often sacrificed high value pieces, including my queen, to gain a checkmate several moves later. Until I see it printed in a state statute book and/or city ordinance, I would take this information with a large grain of salt.

  15. Before we break out the champagne and fireworks, we need to step back and take a deep breath, and wait for things to settle down before rejoicing.

    Maybe being an ex-LEO has made me too cynical, but I just don’t trust any politically motivated persons, and that includes judges and police chiefs, who tells us something that sounds too good to be true. We need to analyze this and read the fine print, and wait to see what happens in coming months before believing this too good sounding news.

    Be aware this could be a ploy to lull us into complacency by giving us a little to take away a lot. As a former avid chess player, I have often sacrificed high value pieces, including my queen, to gain a checkmate several moves later. Until I see it printed in a state statute book and/or city ordinance, I would take this information with a large grain of salt.

  16. BE ADVISED GANG, THE JUDGE WHO DELIVERED THE DECISION HAS ALSO DELIVERED A STAY. DO NOT CARRY IN DC UNTIL FURTHER NOTICE UNLESS YOU WERE LEGAL TO DO SO BEFORE!!!

  17. BE ADVISED GANG, THE JUDGE WHO DELIVERED THE DECISION HAS ALSO DELIVERED A STAY. DO NOT CARRY IN DC UNTIL FURTHER NOTICE UNLESS YOU WERE LEGAL TO DO SO BEFORE!!!

  18. Like the state of Chicago, this will be long and drawn out before the average person can carry. Expect every monkeyshine in the book to be thrown at this before you try and carry there; at best this is an affirmative defence.

  19. Like the state of Chicago, this will be long and drawn out before the average person can carry. Expect every monkeyshine in the book to be thrown at this before you try and carry there; at best this is an affirmative defence.

  20. Dave (the non-Uncle, liberal one),

    Thanks for sharing that about Tom Greer. As much as I would like to sympathize with a victimized 80-year-old man, I can’t. He messed up. By pointing that revolver at the crooks, he won, they fled, and that should have been the end of the confrontation. By firing twice into the back of a fleeing felon, he became a vigilante, and we just can’t do that. If I was in his shoes I would be angry and want to rid the earth of two ne’er-do-wells, but, sadly, we good guys have to follow the rules, and contain our emotions. Self-defense is for us, but justice must be left to the government, if there is in fact a functioning government where we are.

  21. Dave (the non-Uncle, liberal one),

    Thanks for sharing that about Tom Greer. As much as I would like to sympathize with a victimized 80-year-old man, I can’t. He messed up. By pointing that revolver at the crooks, he won, they fled, and that should have been the end of the confrontation. By firing twice into the back of a fleeing felon, he became a vigilante, and we just can’t do that. If I was in his shoes I would be angry and want to rid the earth of two ne’er-do-wells, but, sadly, we good guys have to follow the rules, and contain our emotions. Self-defense is for us, but justice must be left to the government, if there is in fact a functioning government where we are.

  22. Dave (the non-Uncle, liberal one),

    Thanks for sharing that about Tom Greer. As much as I would like to sympathize with a victimized 80-year-old man, I can’t. He messed up. By pointing that revolver at the crooks, he won, they fled, and that should have been the end of the confrontation. By firing twice into the back of a fleeing felon, he became a vigilante, and we just can’t do that. If I was in his shoes I would be angry and want to rid the earth of two ne’er-do-wells, but, sadly, we good guys have to follow the rules, and contain our emotions. Self-defense is for us, but justice must be left to the government, if there is in fact a functioning government where we are.

  23. Mas’ latest posting in all caps echoes what Tom606 says. Being an old chess player myself, I’d look over the board very carefully before declaring a win, especially if your opponent is offering a piece for your taking!

  24. Mas’ latest posting in all caps echoes what Tom606 says. Being an old chess player myself, I’d look over the board very carefully before declaring a win, especially if your opponent is offering a piece for your taking!

  25. Mas’ latest posting in all caps echoes what Tom606 says. Being an old chess player myself, I’d look over the board very carefully before declaring a win, especially if your opponent is offering a piece for your taking!

  26. Mas’ latest posting in all caps echoes what Tom606 says. Being an old chess player myself, I’d look over the board very carefully before declaring a win, especially if your opponent is offering a piece for your taking!

  27. I couldn’t agree more with WT and Mas “all in caps” – keep it cool until the dust settles, gun folks!

  28. I couldn’t agree more with WT and Mas “all in caps” – keep it cool until the dust settles, gun folks!

  29. I couldn’t agree more with WT and Mas “all in caps” – keep it cool until the dust settles, gun folks!

  30. I couldn’t agree more with WT and Mas “all in caps” – keep it cool until the dust settles, gun folks!

  31. Thanks Captain Bob. I stand corrected. However, anyone who gets to be police chief of Washington DC, especially if they’re appointed to that position is not a good guy/gal, but most likely an obedient, anti-gun liberal crony.

  32. Thanks Captain Bob. I stand corrected. However, anyone who gets to be police chief of Washington DC, especially if they’re appointed to that position is not a good guy/gal, but most likely an obedient, anti-gun liberal crony.

  33. Thanks Captain Bob. I stand corrected. However, anyone who gets to be police chief of Washington DC, especially if they’re appointed to that position is not a good guy/gal, but most likely an obedient, anti-gun liberal crony.

  34. Thanks Captain Bob. I stand corrected. However, anyone who gets to be police chief of Washington DC, especially if they’re appointed to that position is not a good guy/gal, but most likely an obedient, anti-gun liberal crony.

  35. Yeah, well…I know the wheels of “justice” turn ever-so-slowly, but if it’s anything like PA’s “…or other lawful purpose” clause regarding carry on school grounds, it will not be tested in my lifetime. So, in a state where the RTKAB arms “shall not be questioned”, personal protection still doesn’t fall within “other lawful purpose”. I wouldn’t get too excited until the concrete cures and the cracks appear. Til then, it’s just more “information only” without much use. Hope is STILL not a strategy, even when it’s all you have. These are crumbs for the media birds to peck.

  36. Yeah, well…I know the wheels of “justice” turn ever-so-slowly, but if it’s anything like PA’s “…or other lawful purpose” clause regarding carry on school grounds, it will not be tested in my lifetime. So, in a state where the RTKAB arms “shall not be questioned”, personal protection still doesn’t fall within “other lawful purpose”. I wouldn’t get too excited until the concrete cures and the cracks appear. Til then, it’s just more “information only” without much use. Hope is STILL not a strategy, even when it’s all you have. These are crumbs for the media birds to peck.

  37. Yeah, well…I know the wheels of “justice” turn ever-so-slowly, but if it’s anything like PA’s “…or other lawful purpose” clause regarding carry on school grounds, it will not be tested in my lifetime. So, in a state where the RTKAB arms “shall not be questioned”, personal protection still doesn’t fall within “other lawful purpose”. I wouldn’t get too excited until the concrete cures and the cracks appear. Til then, it’s just more “information only” without much use. Hope is STILL not a strategy, even when it’s all you have. These are crumbs for the media birds to peck.

  38. Yeah, well…I know the wheels of “justice” turn ever-so-slowly, but if it’s anything like PA’s “…or other lawful purpose” clause regarding carry on school grounds, it will not be tested in my lifetime. So, in a state where the RTKAB arms “shall not be questioned”, personal protection still doesn’t fall within “other lawful purpose”. I wouldn’t get too excited until the concrete cures and the cracks appear. Til then, it’s just more “information only” without much use. Hope is STILL not a strategy, even when it’s all you have. These are crumbs for the media birds to peck.

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