We knew the District of Columbia would likely file for a stay to the ruling allowing carry, and they did yesterday near the close of business. This morning, the federal judge granted it, but only for 90 days instead of the requested 180 days. This is one reason most people were urging folks not to carry in DC while this case in process.
It will be interesting to see what happens come October 22 – the deadline. It’s clear that the DC police proved they could come up with a somewhat workable policy on the fly with multiple memos that covered most situations for lawful carry. I see no reason why the DC City Council can’t come up with a clearer policy similar to the Police Chief’s in 90 days – assuming they don’t just appeal this and hope for more favorable decisions.
12 thoughts on “DC Gets 90 Days”
While not unexpected, I’m disappointed they got their stay so quickly. I was enjoying the nearly 72hrs of constitutional carry not leading to the end of the world as we know it. It’s almost like they don’t actually need a licensing scheme after all :-).
I see no reason why the DC City Council canâ€™t come up with a clearer policy similar to the Police Chiefâ€™s in 90 days
HA HA HA HA HA HA!!!! Thanks, I needed the laugh. The Council will F’ this up like they did with Heller. Everyone on the council is against this so there is not even a single voice of opposition to keep them honest.
They will do what they did with Heller. Listen to their political advisers instead of their legal advisers. They will pass legislation that will be illogical, but aimed to prevent carry at all (I’m thinking 5000 feet from a school). Speeches will be made, podiums will be pounded. The legislation will then get knocked back and they will have to fix it.
Question, does this mean that they’ve given up the option to appeal? The stay says its for the purpose of crafting legislation.
I was being a bit sarcastic, but highlighting that they were able to come up with a policy that covered most situations pretty reasonably in a very short amount of time.
And, as I understand it, they can still make the decision to appeal.
True, but Lanier’s policy was written from a pragmatic, “make this work” point of view. The council will treat this as political. Lanier is actually not all that bad. She is not perfect, but she is not a political excuse machine like McCarthy in Chicago. Watching her during Heller, and talking to some LEO, I’ve got the feeling she doesn’t care as much about legal gun ownership as she does not creating more work for the department. (Which actually was one of her screw ups. She asked for the policy specifically prohibiting CCW instead of the language in the books that the police chief had that option…which opened the door to this case).
And don’t forget the “opt in” vs. “opt out.” All businesses willing to allow carry have to put up a guns allowed sign or they are assumed to be prohibited.
So it takes 90 DAYS to write up an Appeal and walk it down a couple of blocks to the Court House Clerk?
Besides that, what are they going to Argue against? Almost every Case cited by the Judge doesn’t help their side.
And besides that, I don’t think the Court of Appeals will be willing to declare that Heller and McDonald aren’t Pertinent, especially with the Supremes right down the road.
But hey, I guess the DC Council can write Alan Gura ANOTHER Check next year.
Actually a stay for appeal may not be granted. They were told they law was terminated and had to accept open carry for a 2 days. They cops did well and did not hassle people. Actually Lanier did a good job arrranging this on the fly. People were not upset and gun right people were happy. We knew a temporary stay would be granted but only to allow the council to come up with a method to regulate carry methods. So they have 90 dayss . They wasted 5 years thinking this day would not come. The judge pretty much indicated it has to be shall issue.
Listening to Phil Mendelson , council member,this morning the big issue is that it was easy for the cops if anyone with a gun is a criminal. Having to accept that someone with a gun may not be a criminal the have to have other charges and evidence to arrest someone.
The example given is that a person is robbed and gives a description. They catch a guy 2 blocks away and he matches the description and has a gun. They arrest on the gun charge and then can develop the robbery charge. Without the gun they can’t arrest him immediatly.
So the issue is that making everyone a criminal makes the cops job easier and this changes that.
DC has to change the registration process. It is ridiculous. They have done some changes. They also need some ranges in close areas that can be traveled by mass transportation. Not all potential gun owners have a lot of money or a car to travel.
Important to note the Federal Park Police, the other agency with real widespread (not particular place) jurisdiction also said they had no problem with the ruling and simply applied the “Park Carry” rules.
Since carry was legal in DC, it was legal on the Mall and at open air venues under the same restrictions.
Considering how extreme and ridiculous the existing D.C. rules are just for possession and/or purchase of a handgun, I can hardly wait to see what new abominations D.C will add for a permit to carry outside the home.
The judge already said within Constitutional limits and the current home permit is steeper than most carry permit requirements. I’m not sure they can get away with much more than they already do without the judge slapping them again.
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