BREAKING: DC Police Chief Will Treat DC as Constitutional Carry Following Court Ruling
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WARNING: This a fluid situation and will likely change in the near future. Nothing in this article should be construed as legal advice and there may still be legal issues that have not been fully explored related to this issue.
As we reported on Saturday, a US court has ruled that Washington, D.C.’s ban on carry outside of the home was found to be unconstitutional.
We are now seeing reports from D.C. reporter and gun rights activist Emily Miller that the Washington DC police will be treating the District of Columbia essentially as a Constitutional Carry state until further notice. Note, this only applies to handguns, not long guns right now.
Here are quotes from Miller’s Twitter account,
STUNNING DEVELOPMENT: DC Police Chief Lanier just told force not to arrest a person who can legally carry a gun in DC or any state.
DC police chief using guidance from AG — grants full reciprocity for all open and concealed carry from others states.
Only gun arrests now in DC can be DC residents with unregistered guns and non-residents who are prohibited under federal laws.
Of course, this is only temporary. DC will likely put a licensing process in place and you can bet it’s probably going to be an incredibly strict one given the District’s stance on gun purchase and registration.
Also note, magazine capacity limits would still be in effect as well as any restrictions on types of weapons. Basically anything carried would need to be DC legal. We’ll consult the laws and update this further.
Gun rights attorney (from the Heller case as well as the case in question here), posted the actual police memo on his website. If you have questions about the memo you should probably direct them to either DC Police or your attorney.
Here is part of the opinion from the recent court ruling,
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.