Washington DC's Gun Laws: Carry At Your Own Risk

There has been an interesting development this week regarding the state of concealed carry, this time in Washington, DC. In the case of Palmer v. DC, the US Circuit Court of Appeals for the District of Columbia ruled that DC's ban on carrying firearms is unconstitutional. With this decision, barring a stay, so-called Constitutional Carry becomes the law, meaning that any non-felon resident with a properly registered gun can carry it, and any non-resident can also carry under the same conditions. Additionally, Cathy Lanier, Chief of Police, issued an order allowing for carry under those circumstances. Given the state of DC's laws less than a decade ago this is nothing short of shocking. But, and you knew this was coming, it's still not a good idea to carry in DC.

Let's start with the non-resident. I have my concealed carry permit, and as such I can now carry in DC. But the courts did not say that I could carry on Federal property, which precludes museums, monuments, and the like. Since the only reason the average non-resident would go to DC would be for tourism, it doesn't benefit them. Also, DC is surrounded on 3 sides by Maryland, which complicates things as they don't recognize a CCW permit from any other state. Step into Maryland, even by accident, go the wrong way on the Metro, anything, and you're an instant felon. Sound like a bad idea? It is. Also, who wants to be the first to test the law? I'm certainly not clamoring to be that guy.

The same restrictions go for residents, but they have another issue to contend with: exceedingly few of them have a gun to begin with due to DC's onerous registration scheme. The DC government complied with Heller inasmuch as it is possible to get a gun registered, but they made it as difficult and expensive as possible to dissuade people from actually following through on it. Also, as known gun owners, the potential carriers face harassment from the police. Oh, sure, they're supposed to allow it, but does anyone really think the police will just shrug and act like they're OK with it? Not a chance, not in DC, a majority minority city not noted for its even-handed application of law.

This has a long way to go yet. That said, every state in the Union now has a mechanism for concealed carry, some more permissive than others. There will come a day when every state will be "shall-issue", though. Eventually the Supremes will have to weigh in on the circuit splits given that they Incorporated the right, and when they do it looks more and more like they'll have to use strict scrutiny as anything less will undermine McDonald, and that means either "shall-issue" or unrestricted carry, something I find unlikely to be applied universally due to public policy differences across regions.

So stay tuned, and don't do anything stupid like carry in DC. If you do, you do so at your own risk. Want to be famous? Now's your chance, and good luck to you. Alan Gura's got your back.

So, Who's Been Reading This?

When I started this blog I figured it would be a good place for me to unload some of the more weighty things on my mind, and maybe a few flighty ones. My output hasn't exactly been prolific recently, though it's not from a lack of things to say. No, I've started about 5 other posts that I discarded simply because I couldn't make sense of what I wanted to say. Did you ever have an idea about something that made perfect sense to you yet no sense to everyone else? I got halfway through them when I realized that my ideas were actually not so good, requiring some very tortuous justifications. When that happens it's time to re-evaluate, and that's diminished my output considerably. I suppose that's better than publishing them and pissing everybody off, right? On the Internet every person has a shot at fame, and I'd prefer that my shot not come in the form of someone glomming onto something stupid I wrote and having it go viral.

I mention that possibility because someone is reading this. I got a large burst of readers once when I pimped it to my friends on Facebook, and I put it in my profile on (shameless plug) Fark.com, one of my favorite websites, which resulted in a few looks. My curiosity has gotten the better of me, though. Are the rest of the views just random, or does anybody actually trouble themselves to read what I write? Are there any repeat readers aside from my wife and a couple of friends? What should I be writing about that I'm not already?

In any event, I'm not going anywhere. Tilting at windmills is my thing, and what better place is there to do it than a blog? Maybe I'll look over some of the stuff I scrapped and see if I can make it make sense. Or maybe something will inspire me today. Who knows? Regardless, thanks for reading.

What Is Patriotism?

It's the 4th of July, and as usual we have the patriotic displays, from the reading of the Declaration of Independence to the fireworks to the races complete with military men and women in attendance and flyovers from the local Air Force wing. It's enough to inspire you to think that the US is the greatest nation on Earth and its people are its backbone. That may very well be true, but it still leads me to wonder about it.

It used to be easy for me. Patriotism to me was love for my country and a willingness to do anything for it. I never thought to question its leaders. Why would I? After all, they were elected, thus representative of the will of the people, a perfectly logical conclusion to come to. I did my duty over the course of 12 years, was a constant volunteer, and answered the call every time I was asked to. I thought we were doing the right thing when we invaded Afghanistan, and I believed it when we were told that there were weapons of mass destruction in Saddam Hussein's Iraq. When they failed to materialize I started to have my doubts, and they have not left me since.

That was the catalyst for my questioning of what patriotism really is. Is it unthinking deference to our government and its policies? I simply cannot do that anymore, not with the revelations regarding the NSA, not with the continued existence of the prison at Guantanamo Bay, not with the economic recession, and certainly not with the polarized state of our legislatures and an understanding of how it came to be that way. It's not so much my education that caused me to change my mind as it is my ability to think. It is an uncritical mind indeed that looks at the state of our country and thinks that everything is OK. I'm not blaming anybody for this, there's enough blame to go around, but in the end we still have people who wave the flag, talk about supporting the troops, and hurl jingoistic epithets while claiming that the United States is the best country in the world, a spurious claim in 2014.

None of that really answers the question, though. I now consider it my duty to question my government and its actions, which brings us full circle on this Independence Day as that is precisely what the Declaration of Independence was, a statement of reasons defining the political separation from England. I suppose that makes me as patriotic as the America: Love It Or Leave It crowd, but somehow it doesn't feel that way.

I suspect I'll never really get a satisfactory answer, but until I do I will always have trouble understanding what it means to be a patriot even as I do my best to fulfill the oath I took when I enlisted (even as I am no longer legally bound by it), to defend the United States from all enemies, foreign and domestic. While I may not do that in a military capacity anymore, I can advocate for causes, I can vote, and I can work for change. In the end that will have to be good enough.