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View Full Version : How will SCOTUS address 22-4504(a)?


FreedomIsNotFree
11-27-2007, 11:57 PM
The petition for a writ of certiorari is granted limited to the following question: Whether the following provisions, D.C. Code 7-2502.02(a)(4), 22-4504(a), and 7-2507.02, violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?


Now take a look at D.C. Code 22-4504(a) (http://michie.lexisnexis.com/dc/lpext.dll?f=templates&fn=main-h.htm&cp=)

22-4504(a)

a)No person shall carry within the District of Columbia either openly or concealed on or about their person, a pistol, without a license issued pursuant to District of Columbia law, or any deadly or dangerous weapon capable of being so concealed. Whoever violates this section shall be punished as provided in 22-4515.


This is perplexing to me. My interpretation of the D.C. Code is that the section in question relates to open carry and concealed carry within the District. The confusion comes from the rephrased question SCOTUS came up with, that specifically mentions "...violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?"

Unless that law was so broad it covered both carrying in the public as well as in ones home. We know there is a seperate law, also being challenged in Heller, that covers the functionality of firearms in the home.

bulgron
11-28-2007, 7:14 AM
How did 22-4504(a) come to the attention of the court in the first place?

JawBone
11-28-2007, 8:20 AM
My reading: They will address the issue of carrying concealed or open WITHIN the home, only (...and will say it is constitutionally protected).

To the extent 22-504(a) relates to carry outside the home, they will say the question is not before them.

dustoff31
11-28-2007, 8:36 AM
But why would they address even that? Carry in the home, business, or other owned property is exempt under 22-4504a(1).

FABIO GETS GOOSED!!!
11-28-2007, 8:49 AM
But why would they address even that? Carry in the home, business, or other owned property is exempt under 22-4504a(1).

It's not exempt under 22-4504(a)(1), which only specifies a higher penalty ($5K or 5 years in prison or both) for carrying in a place other than your dwelling, place of business, etc. The penalty for carrying in the home would be $1K or prison for not more than a year or both (see 22-4504(a) and 22-4515). The law appears to be broad enough to cover carrying in your home; if your home is "within the District of Columbia" then the law applies to you.

dustoff31
11-28-2007, 8:54 AM
It's not exempt under 22-4504(a)(1), which only specifies a higher penalty ($5K or 5 years in prison or both) for carrying in a place other than your dwelling, place of business, etc. The penalty for carrying in the home would be $1K or prison for not more than a year or both (see 22-4504(a) and 22-4515). The law appears to be broad enough to cover carrying in your home; if your home is "within the District of Columbia" then the law applies to you.

OK, I see it. Thanks.

hoffmang
11-28-2007, 9:54 AM
Our side has only challenged 22-4504(a) as it applies to carry inside the home. The court of appeals overturned that section only to the extent it applies to carry inside the home. SCOTUS will very likely limit its ruling to that essence of the law and not address outside the home carry whatsoever.

-Gene

Glock22Fan
11-28-2007, 10:13 AM
But, I'm thinking Domino effect.

The question they will resolve is a very narrow one. This makes it easier for them to consider the evidence and rule on it. But, if they decide it our way, it gives us leverage to take it to the next stage.

War by attrition. I like it.

JawBone
11-28-2007, 10:17 AM
+1. It also makes it much easier for the other justices to get on board by limiting it to home bans.

This decision will be the "cornerstone."

1911su16b870
11-28-2007, 10:18 AM
IMO the SCOTUS will uphold Heller and determine all three DC codes violate the 2A with respect to those who wish to keep handguns and other firearms for private use in their homes.