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Old October 5th, 2017, 11:25 AM #21
swamplynx swamplynx is offline
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Quote:
Originally Posted by Shazam View Post
I think its time to submit my application.

Does anyone have any experience or insight on DC accepting a Maryland 16 hour training course for a non resident applicant. I understand that the 2 hours DC law is still required.

Does anyone have experience with DcConccealedCarry.com for the legal training course. Their 2 hour course is advertised as available 3 mornings per week at 6:00 AM for $70.
That’s Leon Spears’ outfit. I took my DC law training with him and it was professional and efficient.
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Old October 5th, 2017, 02:12 PM #22
fscwi fscwi is offline
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From VCDL....

Good news for everyone who wants to get a Washington DC carry permit - DC permits are going to be "shall issue" soon!

The Washington DC government has decided not to appeal a reversal of their "may issue" law after the DC Circuit Court of Appeals ruled against them.

Actually, I'm betting that they didn't do so out of pressure from other may-issue states, such as New York, New Jersey, California, Massachusetts, Hawaii, and Maryland. If the U.S. Supreme Court had a chance to rule on the case, it's quite likely that those other may-issue states would have had their laws overturned. That's OK, the days of "may-issue" are numbered anyhow.

If you have already submitted an application previously for a DC carry permit and were denied, your application will be reconsidered if the justification was "self-defense."

I contacted Senior Officer King, 202-727-9741, earlier today and he said DC will automatically review all previous applications that had been turned down because "self-defense" was not a good enough reason. He also said there would be a formal notification to all the applicants about the reconsideration of their applications.

Officer King said nothing will happen until 1) the DC Circuit Court of Appeals issues the formal "Shall-issue" order to the DC Chief of Police and 2) the DC Chief of Police issues the instructions to the licensing bureau to proceed and how to proceed. This could be done in days or it could be a couple more weeks.

Bottom line is I would recommend standing by for now and I will advise once the wheels are turning. It looks like there will be nothing to do, but wait for the notification from DC about your application being reconsidered.

If you haven't previously done so and wish to apply for a DC permit, you can contact Officer King for instructions on how to proceed.

NOTE: While VCDL generally doesn't cover laws of localities outside of Virginia, both Washington DC and Maryland, which border Virginia, are of such a great interest to many of our members, we do make the occasional exception.

Here is a link to a story about DC's decision not to appeal. Thanks to member Saul Rivera Jr. for the link:

http://wtop.com/dc/2017/10/report-dc...supreme-court/


DC won't take concealed carry fight to Supreme Court: Report

WASHINGTON — After days of consulting with the mayor’s office and city council members, D.C. Attorney General Karl Racine has reportedly decided not to fight a ruling that effectively strikes down the District’s strict law that makes it difficult for gun owners to get concealed carry permits.

Sources told WTOP’s broadcast news partner NBC Washington that Racine made the decision not to appeal to the U.S. Supreme Court and will formally make an announcement later on Thursday.

The law, which requires that people show “good reason” to carry a concealed weapon before they can get a permit, suffered a setback in July when a divided three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled that it infringes on residents’ Second Amendment rights.

D.C. officials later asked the Court of Appeals to rehear the case as a full court. However, in a brief order last week, the court said it would not reconsider the ruling, leaving the city’s attorney general with no choice but to take the case to the U.S. Supreme Court or back down.

Under the law, reasons to get a concealed carry license might include a personal threat, or a job that requires a person to carry or protect cash or valuables.

The requirement remained in effect while the appeals court considered a rehearing.

Council member Charles Allen, who is the chair of the Committee on the Judiciary and Public Safety, said that he was “very disappointed” that the court did not take the case.

“I think that we had passed a very strong law, and I thought that the attorney general did a great job in making the arguments in defending it,” Allen said. “People walking around with concealed carry weapons is just going to make it harder for our police officers to do their job.”

Gun rights advocates have long argued that the law is unconstitutional and that it makes it difficult for people to defend themselves.

-------------------------------------------
************************************************** *************************
VA-ALERT is a project of the Virginia Citizens Defense League, Inc.
(VCDL). VCDL is an all-volunteer, non-partisan grassroots organization
dedicated to defending the human rights of all Virginians. The Right to
Keep and Bear Arms is a fundamental human right.

VCDL web page: http://www.vcdl.org [http://www.vcdl.org/]
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Old October 5th, 2017, 09:46 PM #23
rascal rascal is offline
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Originally Posted by DC-W View Post
Any press releases the DC's AG Office puts out about this should be here later today:
https://oag.dc.gov
Quote:
Thursday, October 5, 2017
Contact:
Rob Marus, Communications Director: (202) 724-5646; robert.marus@dc.gov
Marrisa Geller, Public Affairs Specialist: (202) 724-5448; marrisa.geller@dc.gov

WASHINGTON, D. C. – Below is a statement from Attorney General Karl A. Racine regarding his decision, in consultation with other District leaders, not to petition the Supreme Court of the United States for a writ of certiorari to review the decision in Wrenn v. District of Columbia and Grace v. District of Columbia by the U.S. Court of Appeals for the District of Columbia Circuit:
“Public safety is, and has always been, my paramount concern. I continue to believe the District’s ‘good reason’ requirement is a common-sense, and constitutional, gun regulation. However, we must reckon with the fact that an adverse decision by the Supreme Court could have wide-ranging negative effects not just on District residents, but on the country as a whole.
“In consultation with Mayor Bowser, Chairman Mendelson, Judiciary Committee Chairman Charles Allen and multiple stakeholders, and after careful consideration, we reached consensus that abiding by the D.C. Circuit’s ruling was the wisest course of action to protect public safety in the District and nationwide. Therefore, I have decided not to appeal to the Supreme Court.”
Background
A loss in the Supreme Court could affect similar gun regulations in other jurisdictions – including in nearby states like Maryland, New Jersey, and New York. The proliferation of guns in those places can have spillover effects for the safety of District residents.
While the good-reason requirement will sunset upon the D.C. Circuit’s issuance of its mandate effectuating its ruling, the rest of the District’s reasonable regulations on who may obtain a permit to carry a concealed firearm and the circumstances in which one may carry in public remain in place. A Frequently Asked Questions document detailing qualifications and restrictions for such permits is available here.
Attachment(s):*
Concealed Carry FAQs - 405.7 KB (pdf)
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faq:
Quote:
FAQ on the District’s Concealed-Carry Requirements After the Wrenn and Grace Decisions Take Effect

Q: Since you aren’t asking the Supreme Court to review the D.C. Circuit decision, when does their ruling removing the District’s “good reason” requirement take effect? A: It will take effect when the D.C. Circuit issues what the courts call a “mandate” that effectuates its decision. That should happen at some point in the next few days.


Q: What is the “good reason” requirement? A: The “good reason” standard required anyone applying for a permit to carry a concealed handgun in the District to demonstrate, in addition to meeting other criteria, a “good or other proper reason” for needing the permit.


Q: So, when that rule disappears, can anyone carry a concealed handgun in the District? A: No; even without the “good reason” requirement, applicants for a concealed handgun must meet several other criteria, such as: • They must possess a valid registration certificate for the firearm to be carried or apply for and receive one concurrently with the application for a carry permit. • They cannot have a conviction for a felony or certain weapons offenses. • They cannot be under indictment for a crime of violence or a weapons offense. • They cannot have been, in the five years prior to applying for the permit, convicted of certain misdemeanor offenses, including: o Any violation of D.C. Code § 22-404 regarding assaults or threats, or D.C. Code § 22-407 regarding threats to do bodily harm, or equivalent thereof in another jurisdiction; o Two or more violations of any law restricting driving under the influence of alcohol or drugs; o Any intrafamily offense punishable as a misdemeanor; o Any stalking offense under D.C. Code 22-3133. • They cannot have been, in the five years prior to applying for the permit: o Acquitted of any criminal charge by reason of insanity; o Determined to be a chronic alcoholic by any court. • They must meet certain criteria for mental stability: o They cannot have been, in the five years prior to applying for the permit, voluntarily or involuntarily committed to any mental hospital or institution; o They cannot have, in the five years prior to applying for a permit, suffered from, and cannot currently suffer from, any mental illness or condition that creates a substantial risk that they are a danger to themselves or others. • They cannot be blind or appear to suffer from any physical defect that would prevent them from possessing and using a firearm safely and responsibly.
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• They cannot have been found negligent in a firearm mishap causing death or serious injury to another person. • They cannot be otherwise ineligible to possess a firearm under D.C. Code 22-4503, such as: o Being a fugitive from justice; o Being addicted to any controlled substance. • They must have completed a firearms safety and training course and range training certified by the Chief the Metropolitan Police Department (or demonstrate that they have completed the equivalent in another jurisdiction). • They must have completed an in-person interview with the Metropolitan Police Department.


Q: Can those who do hold a concealed-carry permit in the District carry them anywhere in the city, at any time? A: No. Similar to the time, place, and manner restrictions on the exercise of First Amendment rights, there are certain limitations on the times and places where a permit holder may carry a concealed handgun in the District. Permit holders cannot carry their handguns: • While they are consuming alcohol or are otherwise impaired; • In a District government building; • On the grounds of childcare facility, public or private school or university; • At a hospital or medical/mental health office; • At a penal institute, secure juvenile facility, or halfway house; • At a polling place while voting is occurring; • On public transportation, including in Metro stations; • On premises where alcohol is served; • At a stadium or arena; • At a gathering or special event open to the public; • In certain specified buffer zones, including: o Any area where firearms are prohibited by federal law, including the U.S. Capitol building and grounds; o Public memorials on the National Mall and along the Tidal Basin; o White House zone, up to and including to the curb of the adjacent sidewalks touching the roadways of the area bounded by Constitution Avenue NW, 15th Street NW, H Street NW, and 17th Street NW; o U.S. Naval Observatory zone, 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 NW, from Calvert Street NW, to Massachusetts Avenue NW, and around Observatory Circle to the far corner of Observatory Lane; o Within 1,000 feet of a dignitary or high-ranking official moving under lawenforcement protection when law enforcement provides notice of the designated area and that firearms are prohibited; o Within 1,000 feet of a public demonstration.
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Q: What are the rules for carrying on private property? A: There are three categories of private property under the District’s concealed-carry law; for two categories, concealed carry is presumed illegal unless explicitly authorized by the property’s owners/operators; for the third category, concealed carry is presumed legal unless the property’s owners/operators have posted signage indicating otherwise: • On private residential property, concealed carry is presumed illegal unless otherwise authorized by the owner in advance of entry; • At houses of worship, unless otherwise prohibited by law, concealed carry is presumed illegal unless the institution has authorized concealed carry and posted that policy with conspicuous signage; • On other private non-residential property, concealed carry is presumed legal unless the owners and operators have posted conspicuous signage prohibiting firearms.


Q: May individuals obtain a permit for open carry under the District’s law? A: No; only concealed carry is permitted under District law.


Q: Is there a renewal requirement for concealed-carry permits? A: Yes. Concealed carry permit holders must renew their permits every two (2) years.


Q: What about the people who have applied for concealed-carry permits who met all the other criteria, but were rejected because they did not demonstrate a “good reason” under the old law? What happens to them now? A: Prior applicants who were denied a permit for failure to comply with the “good reason” requirement should submit an updated application reflecting any changes to eligibility criteria. There is no new fee to resubmit. Those who have applications already pending but have not received a determination do not need to resubmit.

Q: Where can I get more information? A: The laws governing the ownership and carrying of handguns can be found at D.C. Code §§ 72502.01 – 7-2502.16; D.C. Code §§ 7-2509.01 – 7-2509.11; D.C. Code §§ 22-4501 – 22-4517; and 24 DCMR §§ 2300 – 2399. Information and application materials for permits are available at the Metropolitan Police Department’s website at https://mpdc.dc.gov/page/applying-co...pistol-license.
Note the 1,000 feet from daycares, schools, public housing, playground, which in code appears to be a pure prohibition, but which MPD told me is an add on/enhanced penalty for other illegal activity is missing from racine's new faq. As that law would effectively prohibit some people from leaving their residence at all carrying it is still a nasty ambiguity
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Old October 5th, 2017, 11:22 PM #24
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Quote:
Originally Posted by rascal View Post
--------------------------
faq:


Note the 1,000 feet from daycares, schools, public housing, playground, which in code appears to be a pure prohibition, but which MPD told me is an add on/enhanced penalty for other illegal activity is missing from racine's new faq. As that law would effectively prohibit some people from leaving their residence at all carrying it is still a nasty ambiguity
*
MPDC would have to stop and frisk every permit holder everyday to enforce such a thing.
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