I've gotten conflicting responses to this question.
Can somebody point me to accurate facts about whether lawmakers in Washington are exempt from the D.C. handgun ban?
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I've gotten conflicting responses to this question.
Can somebody point me to accurate facts about whether lawmakers in Washington are exempt from the D.C. handgun ban?
Why not? They're allowed to drink and drive... They're allowed to assault police officers... So, yeah, I'd think they probably would be allowed to illegally carry. At least the Capitol Police would likely look the other way if they did.
Mel
The answer to your question is "no".
Article I, section 6:
(In part)...They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
It is debatable if Congressional immunity found in the constitution allows them to override DC law; however, as in most situations with powerful public officials, I am sure they have little difficulty calling the chief of the DC metro PD or the mayor, asking them over for drinks, and broaching the topic of a carry permit for themselves of their favored staffers.
In any case, even if a DC permit would not be forthcoming, given the level of corrupt activity in DC and a firm understanding of how power works, if a DC metro cop has reason to search a congressman/senator or a person with a capitol hill ID card who happens to have a handgun on him, unless it was something major, I'm sure phone calls will be made, chits will be accumulated and the matter will be resolved without having to deal with those pesky lawyers or the overworked courts.
The only congressman that I know of that could carry in DC is congressman Reichart from WA as he is a retired LEO and can carry under HR218, not sure if he would be allowed to carry actually in congress itself.
40 USC Sec. 5104
It looks like it's up to the Capitol Police Board, based on whatever regulations they provide that may be an exception to US Code.Quote:
sic
(e) Capitol Grounds and Buildings Security. -
(1) Firearms, dangerous weapons, explosives, or incendiary
devices. - An individual or group of individuals -
(A) except as authorized by regulations prescribed by the
Capitol Police Board -
(i) may not carry on or have readily accessible to any
individual on the Grounds or in any of the Capitol Buildings
a firearm, a dangerous weapon, explosives, or an incendiary
device;
sic
Since when did any of this apply to those who make the laws?
They're only protected from arrest during official business.Quote:
Originally Posted by SIXTO
As you know, arrest and prosecution are different. :wink:
Yes, they are very different... but I still ask the same question.:embarassed:Quote:
Originally Posted by matiki
Va (D) Webb had an aide that was arrested for I would imagine carrying Senetor Webb's firearm. I am not sure of the disposition of that case.
It was Webb's gun, and charges were dismissed a month later. The Volokh Conspiracy - -Quote:
Originally Posted by matdicdad
Obviously, prosecutorial discretion appears to favor them, but technically... :hand5: bah. Who am I trying to kid. For the most part, they can do whatever the heck they want.Quote:
Originally Posted by SIXTO
LOL... I guess if they were in the wrong party they might get themselves in hot waterQuote:
Originally Posted by matiki
Congressmen can drive drunk, rape pages, lie, cheat and steal, take bribes and commit treason. But in Washington they draw the line at doing something really evil... like make use of the constitutional rights they swore to protect.
Remember, we also have a killer in Congress from Mass.Quote:
Originally Posted by ripley16