Of Arms and the Law

Navigation
About Me
Contact Me
Archives
XML Feed
Home


Law Review Articles
Firearm Owner's Protection Act
Armed Citizens, Citizen Armies
2nd Amendment & Historiography
The Lecture Notes of St. George Tucker
Original Popular Understanding of the 14th Amendment
Originalism and its Tools


2nd Amendment Discussions

1982 Senate Judiciary Comm. Report
2004 Dept of Justice Report
US v. Emerson (5th Cir. 2001)

Click here to join the NRA (or renew your membership) online! Special discount: annual membership $25 (reg. $35) for a great magazine and benefits.

Recommended Websites
Ammo.com, deals on ammunition
Scopesfield: rifle scope guide
Ohioans for Concealed Carry
Clean Up ATF (heartburn for headquarters)
Concealed Carry Today
Knives Infinity, blades of all types
Buckeye Firearms Association
NFA Owners' Association
Leatherman Multi-tools And Knives
The Nuge Board
Dave Kopel
Steve Halbrook
Gunblog community
Dave Hardy
Bardwell's NFA Page
2nd Amendment Documentary
Clayton Cramer
Constitutional Classics
Law Reviews
NRA news online
Sporting Outdoors blog
Blogroll
Instapundit
Upland Feathers
Instapunk
Volokh Conspiracy
Alphecca
Gun Rights
Gun Trust Lawyer NFA blog
The Big Bore Chronicles
Good for the Country
Knife Rights.org
Geeks with Guns
Hugh Hewitt
How Appealing
Moorewatch
Moorelies
The Price of Liberty
Search
Email Subscription
Enter your email address:

Delivered by FeedBurner

 

Credits
Powered by Movable Type 6.8.8
Site Design by Sekimori

« Palmer v. DC: a win! | Main | As expected.... »

DC's reaction to Palmer

Posted by David Hardy · 28 July 2014 12:09 PM

Alan Gura's blog post links to a pdf of a DC Police memo giving its reaction. Essentially:

1. DC residents who carry an unregistered gun can be charged with failure to register it, but not for carrying it. (By implication, those with registered guns can carry them).

2. Nonresidents who carry should not be arrested (but take note of their ID in case that changes).

3. Registrations cannot be denied because the owner is a nonresident.

· Heller aftermath

8 Comments | Leave a comment

ankle | July 28, 2014 12:58 PM | Reply

Wait, take note of non-residents' ID in case the legality of their carrying changes? Would carrying as a non-resident be made retro-actively illegal? Or is it rather that they're not currently sure carrying is legal, and they'd decide later on that it wasn't?

Ken in NH | July 28, 2014 1:03 PM | Reply

What legal basis would they have to compel a non-resident to present ID assuming they were not driving?

wrangler5 | July 28, 2014 2:50 PM | Reply

What legal basis? Probably none, except this IS the Dof C, of which all might be considered a security zone. But the real basis they have for demanding ID is the usual one - I'm a cop, I have a gun, do what I say or I'll kill you.

It's rarely that explicit, of course, and it almost never goes that far, but that's always at the bottom of things. Cops can come up with all kinds of stuff to ruin at least your morning, if not your whole day, or even most of your bank account. Won't present ID? Arrested for any number of vague offenses (remember mopery? - supposedly "conspiracy to loiter" ) for which the cop will have some plausible story. You'll be under cop control for several hours, your gun will be taken, probably not returned when you're released, and then permanently lost. You have practically no chance of making a legal claim for damages which will result in net cash in your pocket, there's virtually no chance the cop who arrested you will face any real punishment, and all the cops know this.

Jeff | July 28, 2014 4:18 PM | Reply

Wrangler5: Perhaps there now is a stupendous claim to be made: A 1983 lawsuit, since police interference now rises to the level of a constitutional violation(?)

FWB | July 28, 2014 8:34 PM | Reply

Maye we on the outside should just fence off DC so they on the inside cannot come out.

Forget it. The courts are ignorant of the Constitution. In DC, ONLY Congress may legislate. Every law passed by any body-politic other than Congress is not legitimate or constitutional. Nada. Congress is granted exclusive, not absolute meaning all legislation of Congress must conform to the Constitution and no other governmental body even one formed by Congress, may legislate in the District. It's in Article I, Section 8. AND Congress is never granted any authority to delegate its powers to any other body. Delegata potestes non potest delegari.

So everything is still wrong about DC and the laws.

Eric | July 28, 2014 11:19 PM | Reply

I think the obvious reason for noting the ID of anyone who is legally carrying at the moment is so that later, when DC throws up some vastly restrictive concealed carry law that does not allow non-residents to carry, then any future interaction (say a traffic stop) with someone having one of those IDs will alert the police to search him and possibly arrest him for weapons.

Jeff | July 28, 2014 11:40 PM | Reply

Just carry concealed. Problem solved. If you need to shoot a bad guy, you now have some protection for carrying. If you don't have to shoot anyone, then no one will even know it is there. Perfect.

PhilaBOR | July 29, 2014 6:37 AM | Reply

Only reason I can think of for going to DC would be the tourist thing. I'd be visiting lots of federal buildings. Carry is banned there regardless of DC law.
Maybe I'll just stay out of DC anyway.

The big win here is for law abiding poor people who live in a bad neighborhood and can manage to get a gun registered.

Leave a comment