The District of Columbia asks for a stay of order suspending handgun public carry ban pending appeal, or at least for 180 days to draft compliant carry licensing mechanism.
Not that it comes as any surprise, but Washington DC has filed an appeal for a stay of the Palmer v. DC ruling this weekend that ordered stopped DC’s laws banning the public carry of handguns.
This District’s motion asks for a stay pending appeal of the DC Court’s ruling, are in the alternative a stay for at least 180 days to allow the District to enact a compliant gun carry licensing mechanism. Of course, they also request an immediate stay while the Court considers the District’s motion.
The District’s motion states that they have consulted with opposing counsel–presumably Alan Gura–who has indicated that they do not oppose a 90-day stay, effective immediately, “pending the city council enacting legislation that complies with constitutional standards.” Opposing counsel also intends to file their further views on the motion by August 4.
In the meantime, aia the Washington Times:
D.C. Metropolitan Police Chief Cathy L. Lanier issued guidance late Sunday to police officers on how to enforce gun laws in the wake of the ruling and to outline scenarios under which the carrying of a firearm would be illegal.
“Under the current ruling, possession of a firearm outside of the home or business in and of itself MAY NOT be criminal,” Chief Lanier wrote in a memo issued to police and the public. “For example, a District resident that has a legally registered firearm may legally possess it outside of the home or business. However, District residents are still PROHIBITED from possessing a firearm that is not legally registered in the District.”
UPDATE: U.S. District Judge Frederick J. Scullin Jr. has granted the District of Colombia’s motion to stay his weekend order to suspend DC’s handgun carry ban laws, reports the Washington Post today. The District had requested a stay pending appeal, or in the alternative for 180 days during which they could craft compliant carry regulations. They noted in their motion that opposing counsel did not oppose a 90-day stay. Today Judge Scullin granted them the unopposed 90-day stay.
For those of you interested in “the whole thing,” here you go:
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Andrew F. Branca is an MA lawyer and the author of the seminal book “The Law of Self Defense, 2nd Edition,” available at the Law of Self Defense blog (autographed copies available) and Amazon.com (paperback and Kindle). He holds many state-specific Law of Self Defense Seminars around the country, and produces free online self-defense law educational video- and podcasts at the Law of Self Defense University.DONATE
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