Wrenn PI Granted (DC Shall Issue)

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  • rascal

    Ultimate Member
    Feb 15, 2013
    1,253
    I got them NRA training's.. So if they take that, why the hell would the DC Live fire course I took expire?
    To me that dozens not sound like they pulled it out of nowhere, Law enforcement must periodically requalify with firearms live fire
     

    rascal

    Ultimate Member
    Feb 15, 2013
    1,253
    On the Lott Map,

    I have a lot of respect for Professor Lott. he is a sane voice in academia dealing with firearms, and his work on modeling historic trends actually tuned out to be correct for future predictions. History proved him correct and the jackass gun control adovacy researchers turned out to be wrong. so kudos to him generally.

    That said I did some research today talking to a someone who does have an expertise in firearm law, and who looked at all of Dc code, and also took some time to speak with someone senior at MPD.

    I now do not believe his map is accurate. I believe that that map, and DC law it is drawn from (§ 22–4502.01) refer to already illegal possession, or illegal activities with a firearm, and enhanced penalties.

    Otherwise it is in conflict with e much more explicit set of code that specifically refers to us:
    § 7–2509.07. Prohibitions on carrying licensed pistols.
    (a) No person holding a license shall carry a pistol in the following locations or under the following circumstances:
    (1) A building or office occupied by the District of Columbia, its agencies, or instrumentalities;
    (2) The building and grounds, including any adjacent parking lot, of an childcare facility, preschool, public or private elementary or secondary school; or a public or private college or university;
    (3) A hospital, or an office where medical or mental health services are the primary services provided;
    (4) A penal institution, secure juvenile residential facility, or halfway house;
    (5) A polling place while voting is occurring;
    (6) A public transportation vehicle, including the Metrorail transit system and its stations;
    (7) Any premises, or portion thereof, where alcohol is served, or sold and consumed on the premises, pursuant to a license issued under Title 25; provided, that this prohibition shall not apply to premises operating under a temporary license issued pursuant to § 25-115, a C/R, D/R, C/H, D/H or caterer license issued pursuant to § 25-113, or premises with small-sample tasting permits issued pursuant to § 25-118, unless otherwise prohibited pursuant to subsection (b)(3) of this section;
    (8) A stadium or arena;
    (9) A gathering or special event open to the public; provided, that no licensee shall be criminally prosecuted unless:
    (A) The organizer or the District has provided notice prohibiting the carrying of pistols in advance of the gathering or special event and by posted signage at the gathering or special event; or
    (B) The licensee has been ordered by a law enforcement officer to leave the area of the gathering or special event and the licensee has not complied with the order;
    (10) The public memorials on the National Mall and along the Tidal Basin, and any area where firearms are prohibited under federal law or by a federal agency or entity, including U.S. Capitol buildings and grounds;
    (11) The White House Complex and its grounds up to and including to the curb of the adjacent sidewalks touching the roadways of the area bounded by Constitution Avenue, N.W., 15th Street, N.W., H Street, N.W., and 17th Street, N.W.;
    (12) The U.S. Naval Observatory and its fence line, including the area from the perimeter of its fence up to and including to the curb of the adjacent sidewalks touching the roadway of Observatory Circle, from Calvert Street, N.W., to Massachusetts Avenue, N.W., and around Observatory Circle to the far corner of Observatory Lane;
    (13)(A) When a dignitary or high-ranking official of the United States or a state, local, or foreign government is moving under the protection of the MPD, the U.S. Secret Service, the U.S. Capitol Police, or other law enforcement agency assisting or working in concert with MPD, within an area designated by the Chief, the Chief of the U.S. Secret Service, or the Chief of the U.S. Capitol Police, or a designee of any of the foregoing, that does not include any point at a distance greater than 1,000 feet from the moving dignitary or high-ranking official; provided, that no licensee shall be criminally prosecuted unless:
    (i) The law enforcement agency provides notice of the designated area by the presence of signs, law enforcement vehicles or officers acting as a perimeter, or other means to make the designated area of protection obvious;
    (ii) The District or federal government has provided notice prohibiting the carrying of pistols along a designated route or in a designated area in advance of the event, if possible, and by posted signage along a route or in a designated area; or
    (iii) The licensee has been ordered by a law enforcement officer to leave the designated area and the licensee has not complied with the order.
    (B) For the purposes of this paragraph, the term “moving” shall include any planned or unplanned stops, including temporary stops, in locations open to the public.
    (14) When demonstration in a public place is occurring, within an area designated by the Chief or his or her designee, or other law enforcement agency, that does not include any point at a distance greater than 1,000 feet from the demonstration; provided, that no licensee shall be criminally prosecuted unless:
    (A) The law enforcement agency provides notice of the designated area by the presence of signs, law enforcement vehicles or officers acting as a perimeter, or other means to make the designated area of the demonstration obvious;
    (B) The District or federal government has provided notice prohibiting the carrying of pistols along or within a demonstration route or designated area in advance of the event, if possible, and by posted signage along a demonstration route or designated area; or
    (C) The licensee has been ordered by a law enforcement officer to leave the designated area and the licensee has not complied with the order; or
    (15) Any prohibited location or circumstance that the Chief determines by rule; provided, that for spontaneous circumstances, no criminal penalty shall apply unless the licensee has notice of the prohibition and has failed to comply.
    (b)(1) The carrying of a concealed pistol on private residential property shall be presumed to be prohibited unless otherwise authorized by the property owner or person in control of the premises and communicated personally to the licensee in advance of entry onto the residential property.
    (2) The carrying of a concealed pistol in a church, synagogue, mosque, or other place where people regularly assemble for religious worship shall be presumed to be prohibited unless the property is posted with conspicuous signage allowing the carrying of a concealed pistol, or the owner or authorized agent communicates such allowance personally to the licensee in advance of entry onto the property; provided, that such places may not authorize the carrying of a concealed pistol where services are conducted in locations listed in subsection (a) of this section.
    (3) The carrying of a concealed pistol on private property that is not a residence shall be presumed to be permitted unless the property is posted with conspicuous signage prohibiting the carrying of a concealed pistol, or the owner or authorized agent communicates such prohibition personally to the licensee.
    (c) Whenever a licensee carries a concealed pistol and approaches any prohibited location, or is subject to any prohibited circumstance, under subsection (a) or (b) of this section, the licensee shall:
    (1) If the licensee is in a vehicle or if a vehicle is readily available, immediately secure the pistol in the manner prescribed in § 22-4504.02(b); or
    (2) If the licensee does not have a vehicle available, immediately leave the prohibited location or circumstance.
    (d) A licensee shall not be in violation of this section:
    (1) While he or she is traveling along a public sidewalk that touches the perimeter of any of the premises where the carrying of a concealed pistol is prohibited under subsection (a) and subsection (b) of this section, except for the areas designated in subsection (a)(11) and (a)(12), or along a public street, roadway, or highway if the concealed pistol is carried on his or her person in accordance with this unit, or is being transported by the licensee in accordance with § 22-4504.02; or
    (2) While driving a vehicle into and immediately parking at any location listed in subsection (a)(2) of this section for the purpose of picking up or dropping off a student or a child; provided, that the licensee shall secure the concealed pistol in accordance with § 22-4504.02(b), before leaving the parked vehicle.
    (e) A licensee shall not carry a pistol openly or otherwise in a manner that is not concealed.
    (f) In addition to any other penalty provided by law, any person who violates this section shall be subject to revocation of his or her license.
    (g) For the purposes of this section, the term:
    (1) “Demonstration” means one or more persons demonstrating, picketing, speechmaking, marching, holding a vigil, or engaging in any other similar conduct that involves the communication or expression of views or grievances and that has the effect, intent, or propensity to attract a crowd or onlookers. The term “demonstration” does not include the casual use of property by visitors or tourists that does not have the effect, intent, or propensity to attract a crowd or onlookers.
    (2) “Public place” means a place to which the general public has access and a right to occupy for business, entertainment, or other lawful purpose. The term “public place” is not limited to a place devoted solely to the uses of the public, and includes:
    (A) The front or immediate area or parking lot of a store, restaurant, tavern, shopping center, or other place of business;
    (B) A public building, including its grounds and curtilage;
    (C) A public parking lot;
    (D) A public street, sidewalk, or right-of-way;
    (E) A public park; and
    (F) Other public grounds.
    (3) “Public transportation vehicle” means any publicly owned or operated commercial vehicle, including any DC Circulator bus, DC Streetcar, MetroAccess vehicle, Metrobus, or Metrorail train.
    (4) “Residence” means a building wholly or partly used or intended to be used for living and sleeping by human occupants, together with any fences, walls, sheds, garages, or other accessory buildings appurtenant to the building, and the area of land surrounding the building and actually or by legal construction forming one enclosure in which such a building is located, but does not include adjacent common areas or commercial property contained in any part of the building.

    I am not giving any legal advise. Get some if you are concerned. I personally intend to use the above. it is already complex enough.
     

    CypherPunk

    Opinions Are My Own
    Apr 6, 2012
    3,907
    The metrorail ban is killer.

    Oh yeah and all restaurants


    You can carry in DC restaurants, even those that serve alcohol. You just can't consume alcohol.

    You can transport on metro in DC, unloaded and locked up.
     

    rascal

    Ultimate Member
    Feb 15, 2013
    1,253
    You can carry in DC restaurants, even those that serve alcohol. You just can't consume alcohol.

    You can transport on metro in DC, unloaded and locked up.

    thanks for the clarifications. I did know locked up was legal on buses. of course that is one of the advantages of a CCL, if you are ust a registered owner you have to be going to an activity and prove you are, whereas if you have CCl your allowed activity is CCL.

    BTW I did not mean to come off pushy on the § 7-2509.07 v § 22–4502.01 issue. it is certainly something no one can say 100% . And it would be great if you could formally ask DC and get a formal answer. If average joe asks such a question they can et (and I did) that § 22–4502.01 is about enhanced penalties but the PD cant give legal advice. Whereas you are someone in a position to insist on a written answer from Racine or the chief.
     

    JPG

    Ultimate Member
    Aug 5, 2012
    7,057
    Calvert County
    Rule should be you can carry EVERYWHERE (Post Offices, Government Buildings, Schools, Daycare, Bars, parks, etc). If those places don't want guns in their location, the law should be that they have to provide storage and be responsible for gun(s) while their "customer" is at their facility/location.

    Restricting where you can carry only makes sense to gun grabbers. Lets say that I carry everyday in DC legally - for protection. Then one day I want to see the Caps play, that day I can't carry because I will be going to a stadium. Of course that will be the day that I would need the protection.
     

    Schipperke

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    18,766
    Metro Rail itself is a killer.

    Remain calm.. Do like Bernie..

    GettyImages-97258166.jpg
     

    jbrown50

    Ultimate Member
    Sep 18, 2014
    3,473
    DC
    Please note the difference between TRANSPORT and CARRY.

    I do wonder how DC can ban carry on the Mall, as it's Federal Property. If licensed carry is legal, then I would assume the Federal law allowing carry based on local law would apply. Now I get the memorials as they are buildings "regularly occupied "by Federal employees. I do realize Maine bans carry in Arcadia National Park by state statute

    thoughts?

    Back when DC drew up their carry laws after becoming may issue a few of the local federal agencies such as Secret Service, US Capitol Police and Interior were upset that their input wasn't consulted. Consequently DC did include their input and it's the reason for the bulbous no carry zones around the White House US Capitol/Congressional complex and, I think, the no carry zone on the Mall. The DC Gov't is a bunch of anti's no doubt but they aren't the only infringement entity in this city. The Feds use DC as their "point man" and hide behind DC law when it suits their purpose.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,488
    Westminster USA
    I went a reread the DC code again. It prohibits carry IN the memorials on the mall or along the Tidal; Basin, ie Jefferson Memorial, not the Mall itself.

    As I read it, if you don't go into the memorial , you'd be ok.

    Clear as mud.
     

    CypherPunk

    Opinions Are My Own
    Apr 6, 2012
    3,907
    Upon reflection and advice, my interpretation is that the Gun Free Schools Act is an enhancement statute. One needs to read the entire act. It doubles the penalty for illegal carry. It does not make any additional areas off limits. Since carrying with a license is legal except where it is prohibited, there is no penalty. Thus, no penalty times two, is still no penalty.


    I have a lot of respect for Professor Lott. he is a sane voice in academia dealing with firearms, and his work on modeling historic trends actually tuned out to be correct for future predictions. History proved him correct and the jackass gun control adovacy researchers turned out to be wrong. so kudos to him generally.

    That said I did some research today talking to a someone who does have an expertise in firearm law, and who looked at all of Dc code, and also took some time to speak with someone senior at MPD.

    I now do not believe his map is accurate. I believe that that map, and DC law it is drawn from (§ 22–4502.01) refer to already illegal possession, or illegal activities with a firearm, and enhanced penalties.

    Otherwise it is in conflict with e much more explicit set of code that specifically refers to us:


    I am not giving any legal advise. Get some if you are concerned. I personally intend to use the above. it is already complex enough.
     

    shacklefordbanks

    Active Member
    Mar 27, 2013
    252
    You can carry in DC restaurants, even those that serve alcohol. You just can't consume alcohol.

    You can transport on metro in DC, unloaded and locked up.

    (7) Any premises, or portion thereof, where alcohol is served, or sold and consumed on the premises, pursuant to a license issued under Title 25; provided, that this prohibition shall not apply to premises operating under a temporary license issued pursuant to § 25-115, a C/R, D/R, C/H, D/H or caterer license issued pursuant to § 25-113, or premises with small-sample tasting permits issued pursuant to § 25-118, unless otherwise prohibited pursuant to subsection (b)(3) of this section;

    Just says where alcohol is served. Nothing about ok if not drinking. So no restaurants.

    Somebody should sue for this AND METRO access.
     

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