Wrenn PI Granted (DC Shall Issue)

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  • buffalobob

    Active Member
    Dec 10, 2009
    126
    DC
    Maybe I will apply. I have no desire to carry concealed here nor anywhere else but it might be an interesting exercise.
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,579
    Hazzard County
    Am I correct in saying that should this go all the way to SCOTUS and be found unconstitutional we would still need to start a new case to have the ruling incorporated against the states as well? Such as how McDonald was the follow up to Heller?

    Depends on the administration, most will immediately concede and begin operating under the guidance provided, stubborn ones will be dragged to court and a preliminary injunction easily won.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,538
    SoMD / West PA
    Depends on the administration, most will immediately concede and begin operating under the guidance provided, stubborn ones will be dragged to court and a preliminary injunction easily won.

    The current DC regime are rabid antis, hopefully they will fight.

    The quicker this goes to 1 First Street, the better!
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    I'd like to hear some more discussion on this, and the likely practical outcome(s) of today's order/ruling.

    FYI - TheTruthAboutGuns.com is recommending that you apply for your DC permit while you can.

    The practical outcome remains to be seen. But using Palmer as a guide, my guess is that DC will ask for a stay pending appeal (they have a right to an immediate appeal) and Gura will consent to a limited time stay, as he did in Palmer. The D.C. Circuit will likely grant a stay pending appeal so as to preserve the status quo and prevent the rivers of blood from flowing through DC streets (wait, you say, don't the bad guys shoot innocent people in DC anyhow? Tut, tut, don't bother me with the facts). So applying now will like either be (1) denied outright or (2) held pending appellate disposition. Now a denial has potential consequences. Many states ask if you have been denied a permit and you would have to answer that question affirmatively. Would that matter to the state, given that it is DC? I don't know.
     

    jbrown50

    Ultimate Member
    Sep 18, 2014
    3,473
    DC
    The current DC regime are rabid antis, hopefully they will fight.

    The quicker this goes to 1 First Street, the better!

    Personally, I think this is one of the cases that the SCT has been waiting for. If the DC AG is smart he'll suggest that the council make the changes to the law and move on but these people are driven by politics and emotion, not smarts.
     

    Patrick

    MSI Executive Member
    Apr 26, 2009
    7,725
    Calvert County
    I will take a win anyway I can get one, through Congress or otherwise. Waiting for the SCT may be a fool's errand.
    I am with you. Always have said that the best right is one protected. We have three branches of government, and each of them is responsible for protecting our rights. If the legislative does it before the court, then it's all good by me.

    Also, no jurisdiction has ever reversed shall-issue, to my knowledge. I know they have tried, but even Bloomberg has given up that ghost (for now).
     

    Patrick

    MSI Executive Member
    Apr 26, 2009
    7,725
    Calvert County
    For shall issue

    If the PI tosses the DC permit laws in Palmer, then DC should be back to constitutional carry.
    No. Palmer's final status is that the laws passed by DC in response to the ruling were substantially compliant with the judge's order and he denied SAF's motion to set the laws aside. That means the laws stand.

    So absent the PI or a ruling in Wrenn, DC's may-issue system is the law.

    And yes, there is almost certainly going to be a stay. But as I noted many times before, there is some angst in Congress to do something more direct. The timing here is almost too good to ignore (except for that pesky Memorial recess).
     

    Patrick

    MSI Executive Member
    Apr 26, 2009
    7,725
    Calvert County
    Why you would wnat a DC permit, even if you have no intention of carrying in DC:

    Imagine driving through DC and forgetting to disassemble your car to look for that little spent shell casing hiding under your spare tire, lodged between a stale Dorito and the two quarters that rolled out of your range bag two years ago (the Dorito is likely still edible). The NRA sticker on your window tells the DC officers everything they need to know, and you get the pleasure of a search. They find the shell and you are facing ten years, assuming you cannot get the search tossed on 4th Amendment grounds. Either way, you are effed.

    Now imagine the same scenario with a DC carry permit: in your car, you are "in the carry zone". That shell is not an issue, search or no search.

    The Carry Permit is a get-out-of-jail card for those who might get snagged doing nothing wrong.
     

    fightinbluhen51

    "Quack Pot Call Honker"
    Oct 31, 2008
    8,974
    Scullin also denied the PI in Palmer, as mentioned above, so it's essentially dead.
    .
    .

    I missed that one, also issued today.

    Gura swapped Palmer for Wrenn. No arguments over scope of Palmer. Done and done.

    I know you all have a hard time believing me when I say this, but that kid Gura is smart. He might just have a future doing this kinda stuff. :)


    For the legal eagles, does cementing Palmer actually help us here? Remember, this was a two step approach in essence. Palmer's law challenged effectively a zero-issue scheme (or a no carry scheme, take your pick). Palmer found that there is a RIGHT beyond the door step. Building upon that with Wren essentially saying "you can't discriminate unless there is some kind of profound reason why," does that make this a stronger case from the ground up?

    Remember, for Maryland we were arguing over essentially a wide ranging TPM restriction. With Pamer conceded by DC, the focus shifted to the same wide ranging TPM arguments.

    No Judge Scullin is saying "you can't have a blanket TPM restriction that is based on "arbitrary" application.

    That was in Palmer, where the court declined to find DC in contempt. Palmer is dead. And we don't need it anymore with this decision

    Yup.

    The nice thing about Palmer is that it is settled law in DC, and resulted in this PI for Wrenn. So while the case is dead, the law lives on...

    Loving that twist. DC might regret that move.

    Circle back to my above, does this "settled" law make this cleaner up the food chain? Of course, we still need DC to play ball. The issue is, we've been here before where the Districts make the tough call only to have it thwarted by the appellate court.

    Am I correct in saying that should this go all the way to SCOTUS and be found unconstitutional we would still need to start a new case to have the ruling incorporated against the states as well? Such as how McDonald was the follow up to Heller?

    Wren has to go to SCOTUS, then we need another case to incorporate. Though, the way the 9th operates with the mess in Peruta, we could get consolidated cases by the time Wren gets a chance @ 1 First.

    Amazing, one of the very few places in the country MORE liberal than Maryland gets Shall Issue before we do. In the end, any rulling in our favor is good even if it doesn't directly effect Maryland (for now)

    Wins are wins, no one can take them away from you.

    The current DC regime are rabid antis, hopefully they will fight.

    The quicker this goes to 1 First Street, the better!

    No doubt.

    Personally, I think this is one of the cases that the SCT has been waiting for. If the DC AG is smart he'll suggest that the council make the changes to the law and move on but these people are driven by politics and emotion, not smarts.

    Let us all hope that blind allegiance to the cause and their faith in it are their ultimate downfall.



    https://www.firearmspolicy.org/news...w-unconstitutional-rules-federal-court-today/
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Why you would wnat a DC permit, even if you have no intention of carrying in DC:

    Imagine driving through DC and forgetting to disassemble your car to look for that little spent shell casing hiding under your spare tire, lodged between a stale Dorito and the two quarters that rolled out of your range bag two years ago (the Dorito is likely still edible). The NRA sticker on your window tells the DC officers everything they need to know, and you get the pleasure of a search. They find the shell and you are facing ten years, assuming you cannot get the search tossed on 4th Amendment grounds. Either way, you are effed.

    Now imagine the same scenario with a DC carry permit: in your car, you are "in the carry zone". That shell is not an issue, search or no search.

    The Carry Permit is a get-out-of-jail card for those who might get snagged doing nothing wrong.

    That is certainly true! It is the principal reason I have permits from 7 states. Of course, you can only register ammo for the gun you have also registered so those shell casings better be for that registered gun and registered ammo or you are still effed. I could have empty casings for 10 different calibers rattling around somewhere in the trunk after falling out of the range bag. Like you, I always search for them before driving into DC.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,466
    Westminster USA
    I thought DC changed the law so that as long as you have a registered firearm, any ammo possession is ok.

    From MPDC firearms page (not the statute)

    X. Possession and Sale of Ammunition In general, a person shall not possess ammunition within the District unless:
    He is a licensed dealer.
    He is a holder of a valid registration certificate for a firearm.
    He holds an ammunition collector’s certificate effective prior to September 25, 1976.
    He temporarily possesses ammunition while participating in a firearms training and safety class conducted by a firearms instructor.
    No person shall possess restricted ammunition, defined as any bullet designed for use in a pistol which, when fired from a pistol from a barrel of 5? or less in length, is capable of penetrating a commercially available body armor with a penetration resistance equal to or grater than that of 18 layers of Kevlar. (D.C .Official Code § 7-2501.01 (13a))
    No person in the District shall possess, sell, or transfer any large capacity ammunition feeding device regardless of whether the device is attached to a firearm. A “large capacity ammunition feeding device” means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition. This does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
     

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