16 thoughts on “DC to Appeal Carry Ruling”

  1. What is DC thinking? Do they not know what “bear” means in Heller? All this will do is lock this holding down for the nation when it goes before SCOTUS. And what if SCOTUS denies cert? It’s a huge signal to everyone if they do that this is a losing cause.

    Smells like 100% ego, but no smarts – anyone see the smart angle on this?

    1. I’m also wondering. Did they not think a May Issue Scheme would fly?

      Given they had the range of May Issue from Hawaii (defaco No Issue) to Upstate NY (kinda shall issue) they could have had a carry law that would ahve been as restrictive as they wanted.

      Or are they sticking to defending a de-jure No Issue law?

      Maybe their fear on a restrictive May Issue was that it might be thrown out on the basis of trying to subverte the original ruling. Which in that case could have greater repurcussions on other May Issue laws.

      1. Hawaii’s may issue was struck down in Baker. The ruling is in limbo at the moment until Peruta’s En Banc proceedings are decided, but Palmer cited Peruta heavily, so if it survives, it’s likely Scullin would strike down a de-facto no issue law like that.

    2. They’re thinking the next level up is anti-carry, and SCOTUS has been denying cert left and right. Don’t expect that this rulign will survive appeal, or that SCOTUS will touch it if it’s overturned on appeal.

      1. Perhaps. But wasn’t it the appellate court which give us a favorable result, which D.C. famously tried to overturn in D.C. v Heller?

    3. The angle is they’ve been told a 100% ban is illegal, and its going to take some time to come up with a 99% ban!

      The reality is the city had better hurry up and come up with a plan (‘but we’ve only had five years they’ll say). Remember DC is really controller completely by congress, the prez has no say or veto power. Come Nov. ’14 the house and senate will both be red. DC was allowed home rule in the 70’s, but that could quickly change, and with no rules in place it may be a task that the federal government want to meddle in!

      As an aside, I would like to see the DC council do nothing. As CA falls, IL fails, and NY and NJ continue to get bad publicity for CCW/LCTF arrests of everyday moms & teachers, the Feds may pick up the ball on universal reciprocity, which I believe would fall in our favor…

  2. And when it’s all done they will pass a carry law like Illinois with such a long list of banned locations that it’s a trap for even conscientious carriers.

    1. Once enough “normal” people start carrying the restrictions will fall one by one. They go up out of fear of what-ifs, as those don’t occur they start looking useless. It won’t happen overnight but that’s the history of the shall-issue wave in this country. AK went from no-issue to Con Carry in a decade. AZ is similar. Just don’t expect the whole package at once, be realistic.

      1. It’s also worth remembering that the first-wave states like FL and TX still have fairly tight restrictions, because of legislative inertia and “good enough” attitudes, while the later states have moved further because the pro-CCW voters remain fired up

    2. PhilaBOR,

      And when it’s all done they will pass a carry law like Illinois with such a long list of banned locations that it’s a trap for even conscientious carriers.

      Buck up, Eeyore. Illinois will be following in the path of Ohio and other latecomer states to CCW, whose regulations were initially a soup sandwich and are now practically normal.

  3. “While Second Amendment advocates say the issue is a simple one, Mendelson twice said that allowing gun carry is “complicated.””

    I guess trying to ban gun carrying while attempting to appear like you are actually allowing it is “complicated” alright….

    1. Ah, but if they were going *that* route they wouldn’t appeal would they?

      No the appeal shows that they think they should keep their de jure band and shouldn’t even have to pretend they allow it.

  4. I’m pretty good with history since I still remember most of it so here’s a paralell: Getting the D.C. city council to write a carry law is going to be a feat right up there with trying (unsuccessfully) to get LBJ to say “negro”. The best we got was “nigra” and people who knew him were impressed as all get out that he got that far.

    Now imagine D.C.’s new carry law.

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