skinnyb82 Posted July 28, 2014 at 01:50 AM Share Posted July 28, 2014 at 01:50 AM First of all, Kokesh is a moron. Now that we've got that out of the way, Judge Scullin didn't declare the ordinances void ab initio and even if he did declare them void as if they never existed and Kokesh somehow gets his conviction for possessing a long gun vacated (not a chance), there's still the drug conviction. Doesn't matter if the flat ban is unconstitutional when you have shrooms on you and a gun, it's still illegal to possess a firearm and Schedule I narcotics...simultaneously, no less (if you're gonna get raided, get rid of the drugs and that goes back to my point about him being an idiot).If the conviction for the possession were vacated though, would he have grounds to overturn the others? In that case the unconstitutional arrest would have lead to the search of his home. I don't think he'll get out of anything personally, but I assumed that unlawful arrest = unlawful search = unlawful evidence.Judge Scullin declared the flat ban on carriage of loaded handguns in public in the Distri t of Columbia to be unconstitutional. The brandishing statute stays in place, as it should. By definition, Kokesh brandished a shotgun, on video posted online, with D.C. landmarks in the background. Mark my words, the conviction will stand. Even if Scullin had said "Oh and these laws were never on the books in the first place" he'd still have committed a felony by bringing an unregistered shotgun into the District and carrying it openly, brandishing it. They can arrest you for something you do on video and are stupid enough to post it on the internet. Recording the crime is enough PC for police to obtain a search warrant. heck, he even told them to look at surveillance footage because they thought he might've done it in front of a green screen. He's a serial offender by definition. No judge in their right mind would give a motion to vacate his sentence more than the time it takes to read it before denying it. The warrant was obtained based on the video of him racking that shotgun in D.C., no questions, it is a matter of fact stipulated to by Kokesh himself. The warrant was lawfully obtained and properly served. The evidence is admissible even if he had been cracked for carrying a gun on his person and the police found drugs on him. The arrest is lawful. The evidence is admissible. The conviction will stand. It's like saying that since you were stopped by a LEO for speeding prior to the Moore opinion being published. The LEO conducts a Terry Stop and Frisk, finds a loaded, uncased firearm on your person, places you under arrest for AUUW (the Class 4 not Class 3, pre-Moore), and during.the inventory conducted by the arresting LE agency subsequent to the traffic stop, the police find a body in your trunk, and arguing that you can't be charged with homicide or whatever happened to the person in your trunk. It doesn't matter if the AUUW offense could be vacated since that search subsequent to arrest is considered lawful under the good-faith exemption to the exclusionary rule. The same principle applies here. The search and subsequent discovery of the body (evidence) would be considered lawful and the evidence lawfully obtained under the good-faith exemption to the exclusionary rule. The memorandum opinion contained the words "ready-to-use handgun" not "ready-to-use firearm." One cannot draw an inference that Scullin's opinion is broad. In fact, it is narrow in scope and unambiguous. Plaintiffs sought declaratory and injunctive relief in the form of enjoining D.C. from enforcing its flat-ban on carrying handguns outside the home as well as a separate Equal Protection claim. They did not seek to brandish firearms in public. Sent from my SCH-I545 using Tapatalk 2 Link to comment Share on other sites More sharing options...
glen Posted July 28, 2014 at 02:08 AM Share Posted July 28, 2014 at 02:08 AM a win for the good guys Link to comment Share on other sites More sharing options...
xbaltzx Posted July 28, 2014 at 02:34 AM Share Posted July 28, 2014 at 02:34 AM According to Emily Miller: "STUNNING DEVELOPMENT: DC Police Chief Lanier just told force not to arrest a person who can legally carry a gun in DC or any state." "More -- DC police chief using guidance from AG -- grants full reciprocity for all open and concealed carry from others states." "Only gun arrests now in DC can be DC residents with unregistered guns and non-residents who are prohibited under federal laws." https://twitter.com/EmilyMiller Link to comment Share on other sites More sharing options...
domin8 Posted July 28, 2014 at 02:39 AM Share Posted July 28, 2014 at 02:39 AM Now I'm convinced Guam has a crystal ball to look into the future. They know May Issue is the next fight once DC is settled. "The truth of the matter is that you always know the right thing to do. The hard part is doing it." -Norman Schwarzkopf Link to comment Share on other sites More sharing options...
domin8 Posted July 28, 2014 at 02:41 AM Share Posted July 28, 2014 at 02:41 AM According to Emily Miller: "STUNNING DEVELOPMENT: DC Police Chief Lanier just told force not to arrest a person who can legally carry a gun in DC or any state." "More -- DC police chief using guidance from AG -- grants full reciprocity for all open and concealed carry from others states." "Only gun arrests now in DC can be DC residents with unregistered guns and non-residents who are prohibited under federal laws." https://twitter.com/EmilyMillerThat just made my drive to Virginia about 1 hour quicker. PA turnpike and through DC instead of I-65 to I-64. "The truth of the matter is that you always know the right thing to do. The hard part is doing it." -Norman Schwarzkopf Link to comment Share on other sites More sharing options...
kwc Posted July 28, 2014 at 03:29 AM Share Posted July 28, 2014 at 03:29 AM According to Emily Miller: "STUNNING DEVELOPMENT: DC Police Chief Lanier just told force not to arrest a person who can legally carry a gun in DC or any state." "More -- DC police chief using guidance from AG -- grants full reciprocity for all open and concealed carry from others states." "Only gun arrests now in DC can be DC residents with unregistered guns and non-residents who are prohibited under federal laws." https://twitter.com/EmilyMiller That just made my drive to Virginia about 1 hour quicker. PA turnpike and through DC instead of I-65 to I-64. "The truth of the matter is that you always know the right thing to do. The hard part is doing it." -Norman Schwarzkopf That is truly an INCREDIBLE step. Let's hope this sticks long-term. Wow, non-residents can now carry in D.C. but not in IL (nor in quite a few other states). Link to comment Share on other sites More sharing options...
GAS3987 Posted July 28, 2014 at 03:39 AM Share Posted July 28, 2014 at 03:39 AM I hope this brings about positive change across the country too. Nationwide carry could be in my lifetime. COULD BE. Link to comment Share on other sites More sharing options...
kwc Posted July 28, 2014 at 03:47 AM Share Posted July 28, 2014 at 03:47 AM I hope this brings about positive change across the country too. Nationwide carry could be in my lifetime. COULD BE. I love the optimism! Link to comment Share on other sites More sharing options...
vezpa Posted July 28, 2014 at 03:54 AM Share Posted July 28, 2014 at 03:54 AM National reciprocity will happen when the Republicans take the Senate this fall. . Link to comment Share on other sites More sharing options...
tkroenlein Posted July 28, 2014 at 03:59 AM Share Posted July 28, 2014 at 03:59 AM National reciprocity will happen when the Republicans take the Senate this fall. . Now that, brother, is optimism. (It is the R's to lose at this point.) Link to comment Share on other sites More sharing options...
s0beit Posted July 28, 2014 at 05:41 AM Share Posted July 28, 2014 at 05:41 AM According to Emily Miller: "STUNNING DEVELOPMENT: DC Police Chief Lanier just told force not to arrest a person who can legally carry a gun in DC or any state." "More -- DC police chief using guidance from AG -- grants full reciprocity for all open and concealed carry from others states." "Only gun arrests now in DC can be DC residents with unregistered guns and non-residents who are prohibited under federal laws." https://twitter.com/EmilyMiller Makes me wish I had a ticket to DC right about now, normally I'd never say those words together like that, but this time I think I mean it Link to comment Share on other sites More sharing options...
Gray Peterson Posted July 28, 2014 at 06:58 AM Share Posted July 28, 2014 at 06:58 AM Is this ruling limited to only handguns or any legal firearm such as shotgun or rifle? Will this ruling effect Adam Kokesh sentencing since one of the 2 crimes that he pled guilty to was a felony charge for illegally carrying?It's handguns only. Rifles/shotgun carry bans are a separate prohibition that was not injuncted against. Link to comment Share on other sites More sharing options...
defaultdotxbe Posted July 28, 2014 at 07:24 AM Share Posted July 28, 2014 at 07:24 AM Now I'm convinced Guam has a crystal ball to look into the future. They know May Issue is the next fight once DC is settled. "The truth of the matter is that you always know the right thing to do. The hard part is doing it." -Norman Schwarzkopf Guam is under the jurisdiction of the 9th Circuit, which found may issue unconstitutional several months ago. While that ruling was cited in Palmer it was already binding in Guam, no crystal ball required Link to comment Share on other sites More sharing options...
defaultdotxbe Posted July 28, 2014 at 07:27 AM Share Posted July 28, 2014 at 07:27 AM National reciprocity will happen when the Republicans take the Senate this fall. . Even if Republicans win a majority in the Senate they won't have enough votes to override Obama's veto on such a bill. Not trying to be a killjoy, just realistic Link to comment Share on other sites More sharing options...
Scots Posted July 28, 2014 at 10:45 AM Share Posted July 28, 2014 at 10:45 AM When I read Emily's development on Lanier's orders, I thought I was dreaming at first. Truly incredible. Link to comment Share on other sites More sharing options...
RoadyRunner Posted July 28, 2014 at 02:26 PM Share Posted July 28, 2014 at 02:26 PM National reciprocity will happen when the Republicans take the Senate this fall. . Even if Republicans win a majority in the Senate they won't have enough votes to override Obama's veto on such a bill. Not trying to be a killjoy, just realistic Bundle it with funding for his library.... /purple Link to comment Share on other sites More sharing options...
Kaeghl Posted July 28, 2014 at 03:24 PM Share Posted July 28, 2014 at 03:24 PM If that "stunning development" were to hold and be in effect until next summer, (considering how slow things seem to happen in DC), that would mean a whole new vacation schedule next year. As long as it's good to carry INTO some of the places I'd want to go....... Link to comment Share on other sites More sharing options...
Hap Posted July 28, 2014 at 04:48 PM Share Posted July 28, 2014 at 04:48 PM To me the most noteworthy point in the news accounts was this from the Washington Times: The ruling, five years after the original case was filed, took city officials by surprise and sent police, politicians and attorneys scrambling for a response. DC had five years to prepare, the defeats in Heller, McDonald, Shepard, Moore, Peruta, and any number of other 2A cases to serve as examples, and this decision caught them totally by surprise? At this point a 2A loss for a city like DC should be anything but surprising. Link to comment Share on other sites More sharing options...
kwc Posted July 28, 2014 at 04:55 PM Share Posted July 28, 2014 at 04:55 PM With the number of federal buildings off-limits to firearms in D.C., which I believe includes many of the memorials, I hope all residents, non-residents, and especially tourists brush up on the federal property/building restrictions before carrying. Link to comment Share on other sites More sharing options...
Nic Posted July 28, 2014 at 05:06 PM Share Posted July 28, 2014 at 05:06 PM With the number of federal buildings off-limits to firearms in D.C., which I believe includes many of the memorials, I hope all residents, non-residents, and especially tourists brush up on the federal property/building restrictions before carrying.The kicker is some of the lands are National Parks, some are federal buildings, etc etc. it's a huge difference if one was on the sidewalk vs on the grass. Link to comment Share on other sites More sharing options...
Gamma Posted July 28, 2014 at 05:38 PM Share Posted July 28, 2014 at 05:38 PM With the number of federal buildings off-limits to firearms in D.C., which I believe includes many of the memorials, I hope all residents, non-residents, and especially tourists brush up on the federal property/building restrictions before carrying.All those carry restrictions are decades behind in being updated or just done away with. Government property and buildings open to the public should be required to respect the civil rights of the public, not put a blanket infringement on them. Link to comment Share on other sites More sharing options...
lockman Posted July 28, 2014 at 06:37 PM Share Posted July 28, 2014 at 06:37 PM Now it will take a brave soul to carry in a posted location and declare his exemption under the "other lawful purposes" provision. The law is the law. Link to comment Share on other sites More sharing options...
kwc Posted July 28, 2014 at 06:50 PM Share Posted July 28, 2014 at 06:50 PM Now it will take a brave soul to carry in a posted location and declare his exemption under the "other lawful purposes" provision. The law is the law. IMHO, now is not the time to poke the bear... Link to comment Share on other sites More sharing options...
domin8 Posted July 28, 2014 at 06:51 PM Share Posted July 28, 2014 at 06:51 PM Brave soul, or an ignorant one? "The truth of the matter is that you always know the right thing to do. The hard part is doing it." -Norman Schwarzkopf Link to comment Share on other sites More sharing options...
domin8 Posted July 28, 2014 at 07:35 PM Share Posted July 28, 2014 at 07:35 PM Just read Emily Miller's Facebook posts. She pays something most of us have not considered -- ammo. The Palmer ruling neglected to mention ammo for those handguns. If you don't have a registration to purchase ammo you can still be arrested for carrying ammo in DC. "The truth of the matter is that you always know the right thing to do. The hard part is doing it." -Norman Schwarzkopf Link to comment Share on other sites More sharing options...
skinnyb82 Posted July 28, 2014 at 08:04 PM Share Posted July 28, 2014 at 08:04 PM Yeah you can UOC but that's about it. Then again most judges would find it ludicrous that the ban has been stricken but you still can't even have shell casings much less ammo unless it's "registered." I think the entire registration scheme is going to be spanked by the DC Circuit and if SCOTUS really wants to spank DC for instituting a mildly watered fowm version of almost the exact same law which was struck down in Heller, they will grant cert. It's a shame they don't post the schedule for orals including panel composition until the day of orals. Whoever asked if Judge Sentelle still on the bench, answer is yes. He is still hearing cases. He is senior status but still sits on panels. Sent from my SCH-I545 using Tapatalk 2 Link to comment Share on other sites More sharing options...
hgmeyer Posted July 28, 2014 at 08:25 PM Share Posted July 28, 2014 at 08:25 PM Might consider having Gura apply to modify the ruling to include ammo on a person carrying legally.... Link to comment Share on other sites More sharing options...
Mr. Fife Posted July 28, 2014 at 08:32 PM Share Posted July 28, 2014 at 08:32 PM It's not "ready to use" without ammo. Link to comment Share on other sites More sharing options...
dorvinion Posted July 28, 2014 at 08:35 PM Share Posted July 28, 2014 at 08:35 PM It's not "ready to use" without ammo. That's how I would view it. Of course I'm not chief leo for an anti-gun owner jurisdiction. Link to comment Share on other sites More sharing options...
defaultdotxbe Posted July 28, 2014 at 08:41 PM Share Posted July 28, 2014 at 08:41 PM Just read Emily Miller's Facebook posts. She pays something most of us have not considered -- ammo. The Palmer ruling neglected to mention ammo for those handguns. If you don't have a registration to purchase ammo you can still be arrested for carrying ammo in DC. "The truth of the matter is that you always know the right thing to do. The hard part is doing it." -Norman SchwarzkopfFrom the news articles it seems they will not be enforcing the ammo thing for non-residents Link to comment Share on other sites More sharing options...
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