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Emily Miller is reporting via Twitter that as of this evening, D.C. Police Chief Cathy Lanier has instructed her force not to arrest anyone legally able to carry a firearm. Many have said that the D.C. political establishment would ignore yesterday’s ruling in the Palmer v. DC case. At least for now. This shows that Chief Lanier is, at minimum, unwilling to be found in contempt. Note the broad extent of the order: no arrests of gun owners who can legally carry a gun in D.C. or any state. With 30 states having open carry without a permit, and over 11 million concealed carry permits valid in the United States, that’s a lot of people who may now legally carry in out nation’s capital. [Send your pistol packing in the capital pic to [email protected].]

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
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139 COMMENTS

  3. Liberty has finally returned to DC, albeit briefly. I hope im as wrong about this as I was about the doctor being fired, but id expect an emergency decree or midnight DC council session in place to ensure the status quo is enforced

    • I would expect the DC City Council session – an all-nighter. With the end result a set of carry licensing requirements that God Himself couldn’t fulfill. Not unlike NYC’s and Chiraq’s.

    • Agree, I would not trust a press report of what the DC Police Chief says as the law.
      I would hate to be the test case.

  5. Lanier must be expecting a stay of the judge’s decision first thing Monday morning.

  6. I may need to make a day trip to our nation’s capital, now that they are starting to follow the Constitution.

    • I hope it stays that way, but the cynic in me thinks they’ll be back to their usual corrupt ways soon enough.

      • Sadly, some stores in MD have closed. The two closest to where I live (MD zip 21044) have just shut down in the past month or two. It’s been a difficult business.

      • I’m seriously considering just buying a 1911 C02 pistol and a blackhawk or whatever holster from Walmart and taking a walk there. Its the thought that counts, right?

        • Still considered a firearm in that God-forsaken city. They arrested and managed to convict a guy for empty brass and a dud shotgun shell.

  8. Makes sense. DC is held under federal law and their police force should be too.
    Glad he isn’t going down kicking and screaming.

    • She. The DC Police Chief is a woman. But your sentiment is noted.

      It makes me wanna take my gun to DC next week just ’cause.

  9. Wonder how this will affect that guy who was arrested for carrying his rifle in DC a year or so ago. Any thoughts?

    • Im not a lawyer…..thank god.
      Or did I stay in a HollyDay Inn.
      But I do believe this affects nothing as he was charged as the law existed then.

      • If a law is found to be unconstitutional, it was always unconstitutional. If I were him, I would file a motion to have all charges dismissed as if the arrest never happened. Then I might consider whether to file a lawsuit or not.

        Constitutional doctrine is clear on this. An unconstitutional law was always unconstitutional.

  10. Even if its temporary.
    This is the way the Founders intended it to be everywhere in the US of A. .
    Ironically for now it is in DC.

  11. Bah – D.C. will request stay: http://www.washingtontimes.com/news/…ban-on-handgu/

    “The District’s attorney general’s office was “studying the ruling and considering our options,” spokesman Ted Gest said. In the meantime, city attorneys will seek to block the ruling from taking immediate effect.

    “’The District of Columbia will seek a stay of the judge’s order regarding the D.C. gun-carrying law pending a potential appeal,” Mr. Gest said in a statement.”

    Anyone want to bet they get their stay?

    • Illinois got a time limit to implement concealed carry after losing, with Constitutional carry kicking in if they didn’t. DC has been sitting on this for what, 5 years now? The judge immediately put Constitutional carry into effect, and was pretty clear on how DC’s stance didn’t hold any water. It seriously looks like DC could be Constitutional carry until DC implements a CHL program acceptable to the court. But maybe I’m an optimist.

      • You’re an optimist. The noise you hear is liberal heads exploding and garments being rent in Georgetown and on Capitol Hill.

    • I’ll take that bet.
      They may request a stay, but they won’t get it.
      They’ll have to show that it will cause harm, and that can’t be proven.

        • Even more rivers of blood! Criminals dieing in the streets! Tourists walking unmolested due to the survivors learning their victims aren’t defenseless anymore! Violent crime rates plummeting! This ruling destroys the expected DC experience!

    • A stay is typically granted when a successful appeal ruling deemed possible or probable. Given the existing precedents a successful appeal is unlikely. I am not saying a stay will not be granted but I believe the odds are against it. If there is no stay by this evening I will be taking walk on the mall with my 1911.

  13. Could the upcoming November 2014 elections be at work here ? Just wondering. With a POTUS who even Dems are now saying has checkedout, I am remembering the Nixon White House. Remebering when all the staff understood that they were not to obey any crazy orders from Dickie. Could this be a sign that the troops want to keep their jobs. That they don’t want to piss off the country. Don’t want to embarass themselves and the party in front of everyone? Remember who runs DC. It is neither a regular state or city.

  14. “Mr President? Id like to inform you sir that open and concealed carry is now legal in Washington DC…..”

    Id love to see the look on his face when Obama gets that news!

  15. I’d hate to find out that they would still arrest you for having ammunition.

    I’m thinking of the poor guy who got arrested for having a spent shotgun shell and a muzzle loader sabot.

    • “Ready to use firearm” from the ruling seems to imply bullets are good to go as well. But what do I know, I speak English and assume words mean what they say.

  16. If they felt they could have this overturned they would have already requested an emergency stay until this ruling was reviewed. The ruling gives very little to challenge. The judge said the entire law was unconstitutional. So unless they can re write the law to become constitutional it will stick.
    I’m sure that DC will write laws to require a permit to carry. I think the biggest thing this ruling will trigger is the ability to pass a 50 state reciprocity law. That is what we should be pushing for.

    • It should include *all* U.S. territories, just like HR218 does for peace officers. Do not forget Guam, Puerto Rico, the U.S. Virgin Islands, American Samoa, and others.

    • NO!

      We should be holding out for CONSTITUTIONAL CARRY.

      Which means we all have the right to carry whatever firearm we want in whatever manner we deem best wherever we are anywhere in the US with VERY FEW exceptions: only two I can think of are Courthouses and Corrections Facilities – WITHOUT ANY KIND OF “permit.”

      All their BS arguments that they have legitimate power to require permits to exercise a constitutionally protected right that mentions NOTHING ABOUT OPEN OR CONCEALED CARRY but just says Keep and BEAR and further indicates the right “SHALL NOT BE INFRINGED” are based on absolutely ZERO Constitutional basis and are therefore nullities. The judges/courts are STILL CORRUPT and cannot be trusted to honor their oaths of fidelity to the Constitution and the People.

      Just because other governments of other times INFRINGED on and VIOLATED the right does not JUSTIFY the continuance of the USURPATION.

    • I hope all of you that can will send a $25. – 50.00 check to The Second Amendment Foundation in appreciation for all the work they’ve done for us. They primarily won both Heller and McDonald cases too plus several others around the country since. They’ve done WAY MORE for PURE 2A rights than the NRA has ever done. The NRA too often is willing to compromise our rights too much.

  17. This is awesome and everything, but for most of us a visit to DC is about going to museums/buildings/etc. I’m going to guess that the vast majority of these buildings have security with metal detectors. So as a tourist, I don’t know if this really matters.

    • So now we work on an Arizona type system where they have to check your firearm for you if they will not allow you to take it into the building. It only makes sense.

      Citizens should be able to carry arms anywhere police are allowed to do so.

      • I like that, they want to be stupid while violating my civil rights, they should have to pay for my servants, the people and equipment storing my pistol for me. Hey! Let’s work on a proposal that they have to clean and polish it, too! Maybe people will get the idea how stupid this is. I can hear it now “take care of your own damn gun!”, thank you very much.

        • And now I think on it, also armed guards to protect me, and metal detectors to catch all weapons, the costs getting higher and higher, tho of course gubt facilities will not be affected, since they just steal the money from the taxpayer, but private businesses would get pretty tired of the expense pretty quick, I’d bet, especially once they noticed their competitors without the silliness were undercutting their prices.

      • “So now we work on an Arizona type system where they have to check your firearm for you if they will not allow you to take it into the building. It only makes sense.

        Citizens should be able to carry arms anywhere police are allowed to do so.”

        Basically any law that forces you to remain unarmed throughout your whole day’s business because of one place that is a GFZ, is even worse. Technically, for instance, you can’t even leave your gun in the car at the post office. (Yes there was a ruling in CO that someone could leave it in the car, but apparently that only applies to that one post office! Even if not, it’s only in the tenth circuit anyway). That law could force you to spend the entire day unarmed, because you have to stop in at the post office.

        Either let us check it, let us leave it in the car, or better yet, get rid of the damn law!

        • It also leaves other people out in the cold. There are the poor who cannot afford a car. There are those of us who prefer to exercise the right to travel whenever possible (horseback, horse and buggy, pedestrians, bicyclists, slow moving vehicle (SMV) users, etc). When I am exercising my right to travel, it is very difficult sometimes to also exercise my right to keep and bear arms. Even when using a motorcycle, it can be difficult. I put a lock box on one motorcycle that I use frequently but Ohio law now makes it a felony to have a compartment that is not factory on a motor vehicle (drug smuggling). There is an exemption for containers made specifically for storage of firearms but the container I used was a cheap cash lock box from Walmart. Technically the lock box is probably in violation but I don’t have many other options.

        • JiO, you have to be kidding me. Are you saying there’s a law making aftermarket saddlebags on a motorcycle a freakin’ FELONY??? That just has to be wrong. Why don’t they just go ahead and make transporting drugs a felony, and leave the motorcycle alone?

        • John, I think that law covers HIDDEN compartments, otherwise pickup truck bed toolboxes would be illegal.

        • Yes, it’s a “hidden compartment” law so saddle bags wouldn’t count. http://codes.ohio.gov/orc/2923.241 Hidden compartments in vehicles. How my lock box is mounted, it could’ve qualify under the law as originally proposed. I had forgotten that we got it changed to allow more exceptions. As I had written before, the box was in place before the law was even proposed. Also, this particular bike hasn’t any decent saddle bags available so I’d have to buy custom ones that I cannot afford. For some reason only the one proposed early exception (boxes manufactured specifically to store firearms) continues to stick in my memory; sorry about that. Being law conscious, I’m often too aware of what I can and cannot obey as a reality of my life… it’s a lot to remember sometimes. There are too many damned laws! 😉

          ((I) This section does not apply to a box, safe, container, or other item added to a vehicle for the purpose of securing valuables, electronics, or firearms provided that at the time of discovery the box, safe, container, or other item added to the vehicle does not contain a controlled substance or visible residue of a controlled substance. )

        • To clarify (my lungs are acting up today – deprives me of some O2), your are correct, Geoff PR. Since the bill was fixed, my lock box wouldn’t qualify.

  18. I don’t care what the chief said. I’m not driving 4 1/2 hours to DC just to get arrested by a beat cop that “didn’t get the memo”

  19. are they going to issue dc permits now? a heck of a thing if everyone from other permit states can carry ,but dc residents cant cause no permits .

    • The twitter mentioned out of state licensees and DC residents with permits being good to go. Its probably talking about the one you need to keep a gun in your house.

  20. how about new yawk city residents? would love to see bloomberg overturned . and NYC residents able to carry.

  21. Well I can’t be there at dawn but I want pics of open carrying citizens schmoozing it up with Metro cops in front of famous landmarks.

  24. I’d watch for the bait and take. Let them carry, issue a stay and start making arrests. Settle for a fine, keep the gun and don’t argue about what time what happened. Would DC get that cheesy?

  25. I’m suspicious of this. Only one day after the court decision was announced, and with only a weekend day for the legal staff and politicians to do their harrumphing and bellowing on the subject?

    I’d love to believe this, but past experience is often a good predictor of future results, and where guns and DC come together, there’s no shortage of lunatic fringe anti-gunners in positions of power.

    If this is really true, then I expect a whole lot of verbal incontinence out of Georgetown addresses tomorrow. The silence this weekend on the court decision has been quite interesting to me. I was expecting hysterical meltdowns from some quarters.

  27. Why isn’t this on all the news stations? It sounds pretty important. Oh I know why.

  29. Loving all the ignorant comments over at CNN.com. It’s like the antis literally hope someone shoots up the Capitol just so they can say, “See, I told you so!” Idiots.

    • Place is already blood in the streets like Chicago. It can’t really get much bloodier from this, and even if it did it would be a very short spike then a nice long drop towards the rest of the country’s average.

  30. Question: I’m assuming you cannot CC in a federal building or courthouse. And of course you can’t CC on a plane. So what do you do with your piece while your tending business? It would be nice if there was a law stating that any place denying CC must have a lockable safekeeping area for your weapon, while you tend to your business in the building.
    Yeah, I know, lots of luck on that one!

    • We need some entrepenuer to start a rent-a-gun like the bike rental progtams. You go to a rack, slide your credit card, then unhook your gat.

  32. Well heres a question then seeing as many mueseums and historical sights in DC have metal detectors, is it even worth carrying when you go thier to visit. Lets be honest, even though a DGU can literally happen anytime anywhere, the vast majority of tourist attractions are in halfway decet neighborhoods.

  33. http://www.washingtonpost.com/local/dc-attorney-general-plans-to-seek-stay-of-ruling-overturning-districts-handgun-ban/2014/07/27/00d9e9d0-15c5-11e4-9349-84d4a85be981_story.html

    However, the D.C. attorney general’s office said it would seek a stay of the ruling while the city decides whether to appeal.

    In an order approved by Police Chief Cathy L. Lanier, police were told that District residents are permitted to carry pistols if the weapons are registered. Those who had not registered their handguns could be charged on that ground, the instruction said.

    Lanier’s instructions to police also said that residents of other jurisdictions without felony records would not be charged under the ban on carrying pistols.

    • So they will detain you, demand ID and run it, likely arrest and hold you. But not charge you. Sounds like the fascists in DC.

      • Yup. Harass, check, and release if clean. But now they have your particulars. Don’t jaywalk, litter, talk loudly, etc. And weapons are STILL not allowed on Metro trains and busses, so have fun getting around.

  34. Dear Washington, DC residents:

    If you ever needed a clear sign that your political masters view you as second-class citizens, consider that I now have more legal power than you do when it comes to exercising our right to keep and bear arms in your own city.

    Think about that the next time you vote.

  35. I’ve always been very cautious not to miss that last exit in Arlington, but today I may take a little ride over the bridge.

  36. Just want to point out to my fellow Northern Virginians to wait until action on a stay has been completed. You don’t want to be walking around DC if the City gets a stay because they may not give you a grace period to get out of town.

    Caution is still in order.

    • This is a very valid point. Not only that, but there could be an “administrative error” in communicating any change.

  37. Just wondering who or what organization is going to hold the FIRST open carry rally in DC ? Wouldn’t that be great ? Bet that a HUNDRED THOUSAND FOLKS WOULD SHOW UP !

  38. I would bet that the no firearms allowed signs at the majority of monuments, museums, businesses, and offices are still up and carry some legal weight. Ive only been to D.C. one time at the age of 16. I remember looking at THE Constitution, and thinking “wow here it says shall not be infringed” but the only people carrying are the police!” That irony is still present at every Federal Govt. Building in D.C. and elsewhere.

  39. The fact that the DC police chief buckled so quickly and so far makes me suspicious.

    Perhaps he is not being a sudden support of liberty, but rather is trying to scare people into supporting gun control by taking it so far.

    • Well, police chiefs are people, too. Could be she has always had a rational attitude toward RKBA, her job was still to enforce the law, but yesterday the law changed, so why wait? As of now, the decision is very clear and easy to understand, apparently.

    • She is and always has been a tool. She is doing exactly and only what she is forced to do to comply with the ruling, and has deftly thrown the City Council under the bus in the process.

  40. LOL, WAT? So, I can carry in DC if I have a permit from SC? Wow.

    ***Plans family vacation to nations capitol***

  41. Guys, don’t Starr strapping on AR’s and AK’s and parading around. You turn people anti-gun when you do that. Conceal and go if it makes you feel good but let this be a victory not the beginning of a downhill slide.

    • Right? Some people just want to snatch defeat out of the jaws of victory.

      • Some people walk through life with their eyes open and their mouth shut.

        DC is NOT Texas.

  42. I’m on my way to DC next week. I’ve been half dreading the trip knowing I can’t carry. This is good news, but if the police don’t get the message before then, well I guess you’ll see me on the news.

  44. The Metropolitan Police Department’s policy for the time being apparently is that if you are a legal gun owner, you can carry in DC and won’t be arrested. That means DC residents who have gone through the District’s soul-killing licensing and registration scheme and non-residents who are eligible to own a firearm under federal rules can carry. You don’t need a permit from another state.

    Be aware, however, that DC is an unusual place. They have a 10-round magazine capacity limit. That means any magazine with a capacity over 10 rounds is illegal to possess, even if you only have 10 rounds loaded. Also, it is an entirely urbanized area, which means everything is pretty close together, which means that there are a lot of schools. I pass at least four DC schools on my way to work every day. And as we know, if you carry a gun within 1000 feet of a school and don’t have a carry permit from the state in which the school is located, you are guilty of violating the federal Gun-Free School Zones Act.

    Also, there is lots of federal property in DC, and it’s unclear how the ruling will apply there. And, there are a lot of police agencies active in DC in addition to the Metropolitan Police Department: US Park Police, US Capitol Police, Federal Protective Service, Uniformed Secret Service, WMATA Transit Police, etc. I’m pretty sure none of them are subject to Chief Lanier’s order.

    • They’re all subject to 2A, unfortunately they are both armed and inveterate lawbreakers. The term “out of control” strikes a familiar note.

    • That means DC residents who have gone through the District’s soul-killing licensing and registration scheme…

      Emily Miller’s book made it abundantly clear that DC’s registration scheme is an intentional infringement on RBKA. Just imagine the howling if such a scheme were required to give a public speech, get a permit for a public protest, or to vote.

      The 1,000-foot school zone is ridiculous. School zones should extend to the property line of the school building, and no farther.

      • Those zones shouldn’t exist at all. They do nothing productive and, in fact, they teach young minds that only agents of government should be armed instead of demonstrating that the right to keep and bear arms is an individual right of a free people. We raise masses of children, most of whom only see government employees permitted the privilege of being armed and some of us are surprised when they grow up not understanding the right to keep and bear arms?!?! Where do you think all of those uninformed, liberally brainwashed young adults come from? They are sculpted over their formative years in these schools.

    • To remind everyone about the various laws in place at this time. Federal LEOs do not enforce local laws. And as I said yesterday they were probably notified that carry is legal in DC, at least until DC successfully gets a stay, at their shift change. Federal LEOs are generally by the book. Federal law allows the carrying of firearms in a National Park if the surrounding jurisdiction allows it. That means that concealed and open carry are legal on the Mall, Rock Creek Park, Roosevelt Island and the C&O Canal trail. Since federal law prohibits the carrying firearms in federal buildings and reservations, excluding national parks, it is still illegal to possess a firearm in federal office buildings, facilities and the Smithsonian museums. A grey area is shared commercial space rented by the federal government. Check with property manager before entering such spaces. The carrying of firearms is legal on the Metro in Virginia but I do not know whether DC has a specific prohibition that is independent on the general ban on carrying outside the home. I believe that you cannot carry on the grounds of the US Capital but you can on streets surrounding the capital even though you may be passing by the Library of Congress and the House and Senate Office buildings. I would check on the definition of Capital Hill for firearms purposes first. You will have to observe other firearms laws. For those who love their double stacked plastic guns don’t come visiting unless you happen to have a 10 round magazine. I do have two 10 rounders for my Hi Power so if I want to carry it I can.

      • For some odd reason CZ sells its .40 cal 75B with a ten round magazine, when it really ought to fit about 13-14 rounds by analogy with the 9 mm model. It’s not a legal issue either, since even with the stupid law that got passed here I am graciously allowed 15 round magazines (and I bought the gun before the law was effective anyway).

        The upshot being I have the perfect carry gun for such jurisdictions. 🙂

    • Do a search for the “Five things to know about the D.C. handgun ruling” piece just out by the Washington Post. Sounds like carrying on public streets might be OK in some places, but here’s an excerpt on other places where carrying wouldn’t be OK: “Guns remain forbidden on District government property, including schools, parks, recreation centers and office buildings. At the John A. Wilson Building, the District’s city hall, security guards on Monday continued to screen visitors with X-ray machines and metal detectors.Federal law prohibits firearms on the grounds of the Capitol. And private property owners, according to city law, may still ban guns from their property.”

  47. Great now DC is even better then my own state…i have a CCW that is recognized in 35 states….but not my own i cant even buy a freken handgun godamn Up State NY

  48. Being a resident of Northern Va, I make a daily commute across the border and up into DC for work. I’m a legal CCW permit holder, so this is good news for me. I’ve wanted to have some sort of protection on me, and have had to settle for a benchmade the past few years .. I’m very interested in how this is going to play out.

    Definitely also.. Please don’t come to the city with rifles on your back in celebration/protest. You will be arrested and scare a lot of people. Remember there are a lot of tourists from other countries enjoying our beautiful capital!

  49. If this holds up with no stay that would be great (especially for myself living in NoVA and not really into visiting DC these days, until now). I expect some type of permit system legislation to be rolling down the tracks very soon. To all visitors who want to carry in DC, please remember the Metro Subway and Bus System still bans all weapons on their property, buses, and trains. You will be arrested if found carrying a weapon of any sort on the system. Plus only 10 round magazines are allowed. Leave the ARs, AKs, and shotties at home, it does more pr damage which is not needed.

    • The metro ban only applies to DC and Maryland. It is legal in Virginia.

      I will resist the temptation to visit DC right now. I am off to Clark Brothers to shoot my Winchester model 70s

      • True. Since I only use Metro for going into DC, I never carry…until now (subject to change of course). Plus, I don’t trust Metro cops, they seem to have a more militaristic way of dealing with patrons. In other words, customer service is not in their vocabulary, at all. Funny, my tax dollars and paying of fares pays for their salaries. Have fun at Clark’s, stopped in there a few weekends ago with the Mrs., to do a little shopping/browsing.

  50. Great, but how much hassle will you be put through to determine that you can ‘legally’ carry?

  51. I live in indiana and if this holds up then I am more likely to take a couple vacations to DC then what I am to Chicago, which is only 4 hours away.

  53. Truly stunning — and welcome — news. Let’s just hope that no rifle-slinging OCtards spoil it for the rest of us.

  55. Stay frosty everyone. Gura, on his blog is saying that DC is going to ask for a stay. An appeal may also occur at sometime. So, I wouldn’t be venturing across the Potomac just yet in this fluid situation.

  56. The “unconstitutionality” of a particular law does not begin on the date it is discovered and proclaimed to be unconstitutional; but is retroactive to the date tthat particular law was ratified. Unless… the law
    predated the Constitution and March of 1789.

  57. For all that is true and right- for the love of God, PLEASE do not flock to DC wielding firearms and flooding the media w in your face fool-hardy pictures of “weirdos” wearing weapons in a town where the mere sight of firearms scares people and sends them to the press and the ballot boxes. Discretion is the civil responsibility of all gun owners. DONT GIVE THE GUN CONTROL IGNORAMUSES FUEL FOR THIER ANTIGUN PUBLIC OPINION CAMPAIGN. KEEP IT IN YOUR PANTS;) !

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