• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Lawsuit filed for carry in the District of Columbia

Crash7795

Regular Member
Joined
Apr 12, 2009
Messages
90
Location
Virginia Beach, Virginia, USA
imported post


For some reason, LEO 229's link didn't work for me. In case that happened with anyone else...

http://www.washingtontimes.com/news/2009/aug/07/lawsuit-seeks-right-to-carry-guns-in-public/

The man whose Supreme Court challenge secured the right of D.C. residents to keep guns in their homes is back in court, this time filing a lawsuit on behalf of a group seeking the right of registered gun owners to carry their guns in public.

Four individuals and a gun-rights advocacy group joined lawyer Alan Gura on Thursday in filing the lawsuit in U.S. District Court. It was an earlier lawsuit by Mr. Gura that forced the District to end its 30-year-old gun ban, the strictest in the United States.

The lawsuit argues that the District's "laws, customs, practices and policies generally banning the carrying of handguns in public violate the Second Amendment" of the U.S. Constitution. It asks that the District issue licenses to carry guns in public to legal gun owners in the city and to people with valid carry permits from outside the city.

"This lawsuit was inevitable in many ways," Mr. Gura said Thursday, adding that most jurisdictions in the country have carry laws. "This is not the end of all gun control."

Mr. Gura said the lawsuit does not take a position on whether the District should allow legal gun owners to carry weapons openly or in a concealed manner. That issue, he said, should be left to city officials to regulate.

The D.C. residents who brought the case are Tom G. Palmer, George Lyon and Amy McVey. The nonprofit Washington state-based Second Amendment Foundation is also named as a plaintiff.

The three D.C. residents, who are licensed gun owners in the District, had gun-registration applications rejected by the Metropolitan Police Department because they stated their intention was to carry the loaded guns on their person outside their homes.

"My right to self-defense shouldn't stop at my front door," said Mrs. McVey, 46, of Northwest Washington. Mrs. McVey in July became the first person to register a handgun in the District after the ban was lifted.

Asked where she might carry her gun, Mrs. McVey responded: "Everywhere it's legal."

Edward Raymond, a Navy veteran enrolled in law school in New Hampshire, is also listed as a plaintiff.

Mr. Raymond, who is not a D.C. resident, was stopped for speeding in the District in April 2007 while he was transporting a gun for which he had permits in Maryland and Florida. He was charged with carrying a pistol without a license and pleaded guilty to misdemeanor unregistered gun and unregistered ammunition charges.

He sought a license that would allow him to transport his gun through the District but was refused.

D.C. Council member Phil Mendelson, chairman of the Committee on Public Safety and the Judiciary, had not seen the lawsuit but said he disagrees with the basic premise.

"Mr. Gura is treading uncharted ground claiming that the Second Amendment offers the right to carry," he said.

Mr. Mendelson said the District's role as home to the president, Congress and the diplomatic corps should be reason enough not to allow carrying.

"In the nation's capital, carrying is perhaps the greatest concern to law enforcement because it makes it very hard for law enforcement to distinguish between a person who is carrying a firearm legally and a potential assassin," he said.

The Supreme Court ruled in June 2008 that the city's near-total ban on handguns was unconstitutional and that residents should be allowed to keep guns in their homes for personal protection.

City officials began rewriting the laws immediately after the decision. The new laws still forbid semiautomatic and other high-powered weapons.

Mr. Gura filed another lawsuit in March, arguing that a roster of handguns deemed acceptable for registration was restrictive. The lawsuit was dropped when the D.C. government in June expanded its list of guns that residents could seek to register.
 

press1280

Regular Member
Joined
Sep 10, 2008
Messages
398
Location
Eastern Panhandle,WV ,
imported post

If I recall, DC's carry provisionallows for bothopen or concealed carry.

Could we possibly have the Second Amendment march next year being open carry?:celebrate
 

N6ATF

Banned
Joined
Jul 22, 2009
Messages
1,402
Location
San Diego County, CA, California, USA
imported post

http://www.washingtontimes.com/news/2009/aug/07/lawsuit-seeks-right-to-carry-guns-in-public/

D.C. Council member Phil Mendelson, chairman of the Committee on Public Safety and the Judiciary, had not seen the lawsuit but said he disagrees with the basic premise.

"Mr. Gura is treading uncharted ground claiming that the Second Amendment offers the right to carry," he said.
D.C. elected traitor Phil Mendelson, chairman of the Committee on Criminal Safety and the Mafia, refused to read the lawsuit challenging his life's work of making the world safer for criminals, and said he vehemently disagrees with law-abiding citizens being able to defend themselves effectively.

"Mr. Gura is treading well-packed and researched ancient ground run roughshod over by me and my fellow traitors and criminals for decades. Why should we be stopped now?"

:cuss::banghead:
 

ianto94

Regular Member
Joined
Jan 5, 2007
Messages
142
Location
, ,
imported post

Argument before Judge Kennedy is scheduled for Jan 22, 2010 on cross motions for summary judgement.
 

ianto94

Regular Member
Joined
Jan 5, 2007
Messages
142
Location
, ,
imported post

Even assuming we win at the district court level, you can expect DC to play the same games it has played in the wake of Heller.
 

TechnoWeenie

Regular Member
Joined
Jul 17, 2007
Messages
2,085
Location
, ,
imported post

Mr. Raymond, who is not a D.C. resident, was stopped for speeding in the District in April 2007 while he was transporting a gun for which he had permits in Maryland and Florida. He was charged with carrying a pistol without a license and pleaded guilty to misdemeanor unregistered gun and unregistered ammunition charges.

What ever happened to federal preemption of transporting weapons across state lines?

Was it not secured properly?
 

ianto94

Regular Member
Joined
Jan 5, 2007
Messages
142
Location
, ,
imported post

Chicago's restrictions on ownership of handguns is before the Supreme Court in the McDonald case. This case and one in California will affect carry restrictions in other jurisdictions, especially if the Supreme Court finds in McDonald that the second amendment applies to the states. So they are interelated.
 

Smurfologist

Regular Member
Joined
Jul 25, 2006
Messages
536
Location
Springfield by way of Chicago, Virginia, USA
imported post

ianto94 wrote:
Chicago's restrictions on ownership of handguns is before the Supreme Court in the McDonald case. This case and one in California will affect carry restrictions in other jurisdictions, especially if the Supreme Court finds in McDonald that the second amendment applies to the states. So they are interelated.
Patience, patience, patience. Sounds good to me. Thanks!!

The 2nd Amendment... brought to you by Beretta and the number 1787!!:X
 

ianto94

Regular Member
Joined
Jan 5, 2007
Messages
142
Location
, ,
imported post

No but if you PM me, I will send you the pleadings I have on the case.
 
Top