Carrying in dc, is it allowed?

[cigarmanpa]

based on this thread: http://forum.pafoa.org/lounge-108/60...rself-d-c.html I spoke to a friend of mine who is a lawyer and has lived and practiced in dc for some 15 years. I asked him about OC spray (to which NO ONE has a decent freaking answer) and he informed me that carry is now legal after the Heller decision. To say I was shocked was an understatement, I was aware that hand gun ownership was legal now in dc however I thought carry was still illegal. Can anyone help me out?

[TaePo]

IIRC, Heller only went into the 2A as an individual right in the home.

They asked if he wanted to get into the permit/license thing and he stated no. So they did not go there.

[thatJeffguy]

If you go to DC and defend yourself, odds are good you'll be in trouble.

Unarmed victims, all.

[djturnz]

your Lawyer friend needs to do some reading before he gives anymore advice.

[JCWohlschlag]

I asked him about OC spray (to which NO ONE has a decent freaking answer)…

The District of Columbia Official Code can be found here.

DC ST § 7-2502.12

Formerly cited as DC ST 1981 § 6-2322

Division I. Government of District.

Title 7. Human Health Care and Safety.

Subtitle J. Public Safety.

Chapter 25. Firearms Control.

Unit A. Firearms Control Regulations.

Subchapter II. Firearms and Destructive Devices.

§ 7-2502.12. Definition of self-defense spray.

For the purposes of §§ 7-2502.12 through 7-2502.14, the term:

"Self-defense spray" means a mixture of a lacrimator including chloroacetophenone, alphacloracetophenone, phenylchloromethylketone, orthochlorobenazalm-alononitrile or oleoresin capsicum.

DC ST § 7-2502.13

Formerly cited as DC ST 1981 § 6-2323

Division I. Government of District.

Title 7. Human Health Care and Safety.

Subtitle J. Public Safety.

Chapter 25. Firearms Control.

Unit A. Firearms Control Regulations.

Subchapter II. Firearms and Destructive Devices.

§ 7-2502.13. Possession of self-defense sprays.

(a) Notwithstanding the provisions of § 7-2501.01(7)(C), a person 18 years of age or older may possess and use a self-defense spray in the exercise of reasonable force in defense of the person or the person's property only if it is propelled from an aerosol container, labeled with or accompanied by clearly written instructions as to its use, and dated to indicate its anticipated useful life.

(b) No person shall possess a self-defense spray which is of a type other than that specified in §§ 7-2502.12 to 7-2502.14.

DC ST § 7-2502.14

Formerly cited as DC ST 1981 § 6-2324

Division I. Government of District.

Title 7. Human Health Care and Safety.

Subtitle J. Public Safety.

Chapter 25. Firearms Control.

Unit A. Firearms Control Regulations.

Subchapter II. Firearms and Destructive Devices.

§ 7-2502.14. Registration of self-defense sprays.

(a) A person 18 years of age or older must register the self-defense spray at the time of purchase by completing a standard registration form.

(b) The vendor must forward the registration form to the Metropolitan Police Department.

… and he informed me that carry is now legal after the Heller decision. To say I was shocked was an understatement, I was aware that hand gun ownership was legal now in dc however I thought carry was still illegal. Can anyone help me out?

DC ST § 22-4504

Formerly cited as DC ST 1981 § 22-3204

Division IV. Criminal Law and Procedure and Prisoners.

Title 22. Criminal Offenses and Penalties.

Subtitle VI. Regulation and Possession of Weapons.

Chapter 45. Weapons and Possession of Weapons.

§ 22-4504. Carrying concealed weapons; possession of weapons during commission of crime of violence; penalty.

(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, except that:

(1) A person who violates this section by carrying a pistol, without a license issued pursuant to District of Columbia law, or any deadly or dangerous weapon, in a place other than the person's dwelling place, place of business, or on other land possessed by the person, shall be fined not more than $5,000 or imprisoned for not more than 5 years, or both; or

(2) If the violation of this section occurs after a person has been convicted in the District of Columbia of a violation of this section or of a felony, either in the District of Columbia or another jurisdiction, the person shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both.

(b) No person shall within the District of Columbia possess a pistol, machine gun, shotgun, rifle, or any other firearm or imitation firearm while committing a crime of violence or dangerous crime as defined in § 22-4501. Upon conviction of a violation of this subsection, the person may be sentenced to imprisonment for a term not to exceed 15 years and shall be sentenced to imprisonment for a mandatory-minimum term of not less than 5 years and shall not be released on parole, or granted probation or suspension of sentence, prior to serving the mandatory-minimum sentence.

And before anyone gets confused about the use of the word “pistol” in the above statute…

DC ST § 22-4501

Formerly cited as DC ST 1981 § 22-3201

Division IV. Criminal Law and Procedure and Prisoners.

Title 22. Criminal Offenses and Penalties.

Subtitle VI. Regulation and Possession of Weapons.

Chapter 45. Weapons and Possession of Weapons.

§ 22-4501. Definitions.

(a) "Pistol," as used in this chapter, means any firearm with a barrel less than 12 inches in length.

(b) "Sawed-off shotgun," as used in this chapter, means any shotgun with a barrel less than 20 inches in length.

(c) "Machine gun," as used in this chapter, means any firearm which shoots automatically or semiautomatically more than 12 shots without reloading.

[cigarmanpa]

The District of Columbia Official Code can be found here.

DC ST § 7-2502.12

(a) A person 18 years of age or older must register the self-defense spray at the time of purchase by completing a standard registration form.

(b) The vendor must forward the registration form to the Metropolitan Police Department.

ok cool no carry of fire arms and I'll swing by the local gun shop to get the OC spray and since I'm not a resident of the district no form is need....at least that's what I was told by the D.C. PD yesterday

[tl_3237]

ok cool no carry of fire arms and I'll swing by the local gun shop to get the OC spray and since I'm not a resident of the district no form is need....at least that's what I was told by the D.C. PD yesterday

Might be nitpicking but unregistered spray would become other than that specified in § 7-2502.14. It would subsequently fail the enabling sub-section § 7-2502.13(a) because it doesn't meet the criteria in § 7-2502.13(b)

(b) No person shall possess a self-defense spray which is of a type other than that specified in §§ 7-2502.12 to 7-2502.14.

A critical reading of the code would imply that only registered spray is legal.

Again, just nitpicking but you should be aware of it.

[cigarmanpa]

Might be nitpicking but unregistered spray would become other than that specified in § 7-2502.14. It would subsequently fail the enabling sub-section § 7-2502.13(a) because it doesn't meet the criteria in § 7-2502.13(b)

A critical reading of the code would imply that only registered spray is legal.

Again, just nitpicking but you should be aware of it.

when i called the d.c. pd they said that only residents of dc need to register it...fuck it I'll buy the stuff when I get there.

[TinGLOCK]

when i called the d.c. pd they said that only residents of dc need to register it...fuck it I'll buy the stuff when I get there.

I suggest you verify anything anyone tells you, cuz, even if they are PD.

[cigarmanpa]

I suggest you verify anything anyone tells you, cuz, even if they are PD.

i've read about the registering it before. so i'll just wait till I'm in DC to get the stuff, fill out the form and cover my ass