D.C. Has ‘Permitless’ Firearms Carry for an Unknown Time

By Dean Weingarten

Second Amendment
Second Amendment
Dean Weingarten
Dean Weingarten

Arizona – -(Ammoland.com)- Alan Gura reports that the District Court, after nearly five years of stonewalling, has found for the Constitutional right to bear arms outside of the home.

It has struck down the prohibitions on carry outside of the home in the District of Columbia, for both residents and non-residents.

It took five years and two petitions for a writ of mandamus to obtain this decision.  The wording below is from the decision.   From alangura.com:

In light of Heller, McDonald, and their progeny, there is no longer any basis on which this Court can conclude that the District of Columbia’s total ban on the public carrying of ready-to-use handguns outside the home is constitutional under any level of scrutiny.

Therefore, the Court finds that the District of Columbia’s complete ban on the carrying of handguns in public is unconstitutional.

Accordingly, the Court grants Plaintiffs’ motion for summary judgment and enjoins Defendants from enforcing the home limitations of D.C. Code § 7-2502.02(a)(4) and enforcing D.C. Code § 22-4504(a) unless and until such time as the District of Columbia adopts a licensing mechanism consistent with constitutional standards enabling people to exercise their Second Amendment right to bear arms.4 Furthermore, this injunction prohibits the District from completely banning the carrying of handguns in public for self-defense by otherwise qualified non-residents based solely on the fact that they are not residents of the District.

No doubt the D.C. government  will work quickly to place some restrictions on carry outside of the home.   But today is Saturday, the 26th of July 2014.  I refuse to believe that they will be able to enact an ordinance or obtain a stay from the appeals court before Monday.   For some period of time, it will be legal to carry a firearm outside of your home in D.C. without a permit to carry.

c2014 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch

About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

  • 7 thoughts on “D.C. Has ‘Permitless’ Firearms Carry for an Unknown Time

    1. You still need a reg. cert to possess a handgun. The ruling basically removes the section on prohibiting handguns:

      “(4) Pistol not validly registered to the current registrant in the District prior to September 24, 1976, except that the prohibition on registering a pistol shall not apply to:

      (A) Any organization that employs at least one commissioned special police officer or other employee licensed to carry a firearm and that arms the employee with a firearm during the employee’s duty hours;

      (B) A police officer who has retired from the Metropolitan Police Department;

      (C) Any person who seeks to register a pistol for use in self-defense within that person’s home; or

      (D) A firearms instructor, or an organization that employs a firearms instructor, for the purpose of conducting firearms training.”

      And the prohibition of carry:

      “(a) No person shall carry within the District of Columbia either openly or concealed on or about their person, a pistol, or any deadly or dangerous weapon capable of being so concealed. Whoever violates this section shall be punished as provided in § 22-4515, except that:

      (1) A person who violates this section by carrying a pistol, or any deadly or dangerous weapon, in a place other than the person’s dwelling place, place of business, or on other land possessed by the person, shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 5 years, or both; or

      (2) If the violation of this section occurs after a person has been convicted in the District of Columbia of a violation of this section or of a felony, either in the District of Columbia or another jurisdiction, the person shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 10 years, or both.”
      It did not remove the registration process.

    2. Careful. The order says “Defendants, their officers, agents, servants, employees and all persons in active concert or participation with them who receive actual notice of this Memorandum-Decision and Order, are permanently enjoined…” Permit-less carry doesn’t begin until DC officially receives the order, which I bet won’t happen over the weekend.

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