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The DC Firearms Carry Memo

Alan Gura posted the memo that went out the DC police officers about how to handle carry situations. He specifically posts this important detail with the memo:

The District has indicated that they will seek a stay of the decision. If a stay were to be granted, this policy would doubtless change, and I can’t guarantee that I’ll be able to update this blog post in real time. So be careful out there.

Looking at the memo and the scenarios they outline, it does appear that anyone caught carrying will have all of their information taken down and the police will pursue “potential further investigation” even if they are perfectly lawful to carry at the time they stop you.

22 Responses to “The DC Firearms Carry Memo”

  1. dwb says:

    Couple of things:
    1. DC PD only has jurisdiction over DC law (and maybe federal enforcement in DC). The scenarios suggest they will be enforcing state permits, I fail to see how.

    2. “More importantly, where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention. Permitting such a justification would eviscerate Fourth Amendment protections for lawfully armed individuals in those states.”

    http://www.ca4.uscourts.gov/opinions/Published/115084.p.pdf

    Merely having a gun is not probable cause for a stop when openly carrying a gun is legal. This is a whole other can of worms.

    be careful out there!

    • Chris from AK says:

      I don’t think the 4th circuit is binding on DC, though.

      And the DC Circuit Court of Appeals would likely rule against a gun owners on such a “stop and identify” type issue, BECAUSE GUN!!!! It was recently packed with three new justices, making the balance 7-4 against gun rights. The DC Circuit is an exceedingly hostile place to play such games.

      Frankly I fully expect the DC circuit to stay this ruling rapidly overturn, en banc if they need to. The Supremes would then have to decide if they want to resolve the circuit split. The good news is that if the DC Circuit rapidly overturns this, then we get to appeal to SCOTUS faster.

      Such a scenario almost makes me wonder if the DC Circuit will slow-roll this a bit, at least until after the election, to deny the chance to get to SCOTUS until maybe the balance of the Supreme Court has changed…

  2. Beatbox says:

    As a pro-gun, former DC resident, I am asking everyone NOT to carry in DC right now. If you live in DC and just really really want a taste of freedom, then heavily conceal and walk out in your backyard and back inside. (which was illegal).

    If you are caught carrying, you may in eventually win the war, but the battle is going to be f’ing expensive.

    Let it work out through the courts.

    • dwb says:

      too late. See: Emily Miller’s twitter feed. She gets her gun and takes it on the streets of DC.

      I disagree. The more law abiding people who carry, without any side effects or blood in the streets, the harder it will be to win a stay and appeal.

  3. beatbox says:

    As a pro-gun former DC resident, I am asking everyone NOT to carry in DC. If caught, you may eventually win the war, but the legal battle is going to be expensive.

    Patience and let it go through the courts.

    One thing that hasn’t been pointed out is that this is squarely the fault of Cathy Lanier (whom I don’t think is that bad) and the DC Council. DC USED to have a provision allowing the Chief to issue carry permits. Of course, they never did (not even for “special friends”).

    When they rewrote the laws following Heller, they did away with the option and mandated no type of carry whatsoever–which opened the door for this suit.

  4. Jake says:

    One thing to be wary of – they’re not enforcing the law in question now, but they are taking names. Who wants to bet that if the circuit court reverses the decision, the DC police will go back and charge everyone they caught with a gun.

    I’ll stay in America until this shakes out, thanks.

  5. Matthew Carberry says:

    Please lord don’t let anyone think now is the time to go OC a rifle…

    • Spade says:

      It’s been pointed out many times that this case only applied to handguns.

      • Matthew Carberry says:

        It was pointed out many times that OC of rifles for self-defense for political purposes *at all* was stupid and counter-productive, yet carry some folks did.

      • mike w. says:

        Like the OCT crowd would bother itself to learn nuances like that. A bunch of folks OC’ing AR’s in DC right now would not be a particularly good idea.

  6. Matthew Carberry says:

    Congress can make this stick with a single vote. I’m asking my Senators and Congressman to circulate a letter in support of the ruling and of carry in the District. Let’s get them all on record prior to the mid-terms.

    Ironically, it’s a pretty safe position for them since it doesn’t directly impact their constituents in their own states.

    • Archer says:

      “Ironically, it’s a pretty safe position for them since it doesn’t directly impact their constituents in their own states.”

      Right, but since they spend a significant amount of time in D.C., they have some of their own skin in the game. For once, we might get to see how they vote on a proposal that affects them and not their constituents!

      This is an excellent issue to push!

  7. mike w. says:

    I’d suggest that anyone who really wants to go about carrying in the District really ought to CCW rather than OC right now. And I say that as someone who OC’s everyday.

    Keep in mind that while DC Metro may have gotten this memo from Lanier, DC is full of a myriad of ABC agency federal LEO’s. Be careful out there.

  8. AnOregonian says:

    This is great, and every day they take to pass some sort of licensing scheme is another day we can point out that they’ve had constitutional carry for x days/weeks/months and the world hasn’t happened.

    Better still, you can raise the valid point of, why do they even need a licensing scheme after x days/weeks/months of problem free constitutional carry?

  9. Jake says:

    Per Emily Miller on Twitter, DC has filed for a stay “until appeal is filed or 180 days to write a licensing scheme.”

  10. Bubblehead Les says:

    Do NOT be surprised if someone who has a “Registered DC Firearm” and gets Stopped will have said Firearm Confiscated for “Ballistic Testing to see if it was ever used in a Crime” while the Owner is allowed to go free.

    Just ask New York City Gunnies how THAT works out.

  11. Matthew Carberry says:

    DC stated carry is allowed if *possession* is allowed in home state, not carry, possession.

    Under Federal law, and most state laws, handgun *possession* is legal at 18.

    If DC Code doesn’t have an age restriction then “non-DC resident” US citizens and permanent resident aliens *18 and up* have Constitutional Carry right now.

    This is what the end goal looks like.

  12. JC_VA says:

    Just throwing this out there, but could this case be the reason that Drake was not granted Cert?

    Wouldn’t this DC case be a much cleaner example to deal with the Carry issue, since, like Heller, it’s about a total ban? Could there be a better case than this one if it goes to SCOTUS?

    • Ian Argent says:

      It doesn’t help anyone, though, since DC is the only place in the country with a de jure no carry, not merely a de facto; and the 7th circuit settled that hash.

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