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16 District of Columbia opinions name it 1 courts 1910–2013 0 in the last five years
The cases below were cited by District of Columbia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Timus v. United Statesgreen2 sentences2012He is thus entitled to carry a pistol without a license under the exception ... but ‘only to the extent that he acts in conformance with the regulations governing special officers.’ ” (citing Timus v. United States, 406 A.2d 1269, 1272 (D.C.1979))); see also Singleton v. United States, 225 A.2d 315, 316 (D.C.1967) (“ ‘[SJpeeial policemen are public officers when performing their public duties.’ ” (quoting Nat'l Labor Relations Bd. v. Jones & Laughlin Steel Corp., 331 U.S. 416 , 67 S.Ct. 1274 , 91 L.Ed. 1575 (1947))). 1987He is thus entitled to carry a pistol without a license under the exception in D.C.Code § 22-3205, but “only to the extent that he acts in conformance with the regulations governing special officers.” Timus v. United States, 406 A.2d 1269, 1272 (D.C.1979). | 2 | 2 |
Tyree v. United Statesgreen1 sentence2013Tyree v. United States, 629 A.2d 20, 22-23 (D.C.1993), holding that CPWL and UF do not merge, still governs. | 1 | 1 |
National Labor Relations Board v. Jones & Laughlin Steel Corp.green2 sentences2012He is thus entitled to carry a pistol without a license under the exception ... but ‘only to the extent that he acts in conformance with the regulations governing special officers.’ ” (citing Timus v. United States, 406 A.2d 1269, 1272 (D.C.1979))); see also Singleton v. United States, 225 A.2d 315, 316 (D.C.1967) (“ ‘[SJpeeial policemen are public officers when performing their public duties.’ ” (quoting Nat'l Labor Relations Bd. v. Jones & Laughlin Steel Corp., 331 U.S. 416 , 67 S.Ct. 1274 , 91 L.Ed. 1575 (1947))). 2012He is thus entitled to carry a pistol without a license under the exception ... but ‘only to the extent that he acts in conformance with the regulations governing special officers.’ ” (citing Timus v. United States, 406 A.2d 1269, 1272 (D.C.1979))); see also Singleton v. United States, 225 A.2d 315, 316 (D.C.1967) (“ ‘[SJpeeial policemen are public officers when performing their public duties.’ ” (quoting Nat'l Labor Relations Bd. v. Jones & Laughlin Steel Corp., 331 U.S. 416 , 67 S.Ct. 1274 , 91 L.Ed. 1575 (1947))). | 1 | 1 |
Singleton v. United Statesgreen1 sentence2012He is thus entitled to carry a pistol without a license under the exception ... but ‘only to the extent that he acts in conformance with the regulations governing special officers.’ ” (citing Timus v. United States, 406 A.2d 1269, 1272 (D.C.1979))); see also Singleton v. United States, 225 A.2d 315, 316 (D.C.1967) (“ ‘[SJpeeial policemen are public officers when performing their public duties.’ ” (quoting Nat'l Labor Relations Bd. v. Jones & Laughlin Steel Corp., 331 U.S. 416 , 67 S.Ct. 1274 , 91 L.Ed. 1575 (1947))). | 1 | 1 |
In Re Harpergreen1 sentence2008On the contrary, “[p]racticing law without a license in violation of a state statute is serious misconduct.” In re Harper, 785 A.2d 311, 317 (D.C.2001). | 1 | 1 |
Saul v. Rowan Heating & Air Conditioning, Inc.green2 sentences1995Id., 181 & cmt. b [4] ; see also Dunn, supra note 3, 104 A.2d at 831-32 (holding statute that prohibited use of title of "architect" without license, but not the practice of architecture, not regulatory because it does not protect the public; therefore person using title without license was not barred from recovery under contract for architectural services); cf., e.g., Saul, supra, 623 A.2d at 621 ("This jurisdiction has held consistently that a contract entered in violation of a licensing statute or regulation directed at protecting the public is void and unenforceable.") (emphasis added). 1995Id., 181 & cmt. b [4] ; see also Dunn, supra note 3, 104 A.2d at 831-32 (holding statute that prohibited use of title of "architect" without license, but not the practice of architecture, not regulatory because it does not protect the public; therefore person using title without license was not barred from recovery under contract for architectural services); cf., e.g., Saul, supra, 623 A.2d at 621 ("This jurisdiction has held consistently that a contract entered in violation of a licensing statute or regulation directed at protecting the public is void and unenforceable.") (emphasis added). | 1 | 1 |
Tucker v. United Statesgreen1 sentence1992Criminal Jury Instructions No. 4.81(A)(4) (1978); Tucker v. United States, 421 A.2d 32, 34-35 (D.C.1980). 6 This standard implies that the government must demonstrate that a defendant had either actual or constructive possession of the unlicensed pistol. | 1 | 1 |
Pillis v. District of Columbia Hackers' License Appeal Boardgreen1 sentence1987The Board was authorized to suspend or revoke a license for a violation of § 819, with which petitioner was charged. 15 DCMR § 801.1 (1987); Pillis v. District of Columbia Hackers’ License Appeal Board, 366 A.2d 1094, 1096-97 (D.C.1976). 6 Affirmed. . | 1 | 1 |
Bathroom Design Institute v. Parkergreen1 sentence1984Erwin v. Craft, 452 A.2d 971 (D.C.1982); Truitt v. Miller, 407 A.2d 1073, 1078 (D.C.1979); Miller v. Peoples Contractors, Ltd., 257 A.2d 476 (D.C.1969); see Bathroom Design Institute v. Parker, 317 A.2d 526, 528 (D.C.1974). | 1 | 1 |
Truitt v. Millergreen1 sentence1984Erwin v. Craft, 452 A.2d 971 (D.C.1982); Truitt v. Miller, 407 A.2d 1073, 1078 (D.C.1979); Miller v. Peoples Contractors, Ltd., 257 A.2d 476 (D.C.1969); see Bathroom Design Institute v. Parker, 317 A.2d 526, 528 (D.C.1974). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in District of Columbia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Terry v. Ohio
green
2 sentences2000The trial court granted the motion to suppress physical evidence recovered from his person based on Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). 2000The trial court granted the motion to suppress physical evidence recovered from his person based on Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). | 2 | 2000–2000 |
Snell v. United States
green
1 sentence2013We think, however, that when the defendant is convicted of so-called misdemeanor CPWL for carrying the pistol inside his home, as Mr. Plummer and Mr. Jackson were, the pivotal element of the crime is the absence of a license. 23 As the court in Snell noted, the CPWL statute has recently been amended to remove the license requirement language, id. at 691 n. 2, and now a valid gun registration allows the holder to carry the weapon “within the home.” D.C.Code § 22-4504.01. | 1 | 2013–2013 |
District of Columbia v. Heller
green
2 sentences2009Thus, he maintains, he was not “require[d] ... to challenge the denial of a license through administrative and judicial review before engaging in unlicensed activity”; rather, he could “engage in constitutionally protected activity without a license and then challenge the constitutionality of the licensing scheme as a defense to a criminal prosecution.” We begin with a summary of what the Court decided and did not decide in Heller, supra. The Court concluded that the “Second Amendment [to the Constitution] conferred an individual right to keep and bear arms.” 12 128 S.Ct. at 2799 . 2009This *336 right extends to having a handgun in the home “to ‘keep’ and use for protection of one’s home and family”; hence, the District’s total ban on “handgun possession in the home” for the “lawful purpose” of “self-defense,” family defense and one’s property “fail[s] constitutional muster.” Id. at 2817-18 . | 1 | 2009–2009 |
Poulos v. New Hampshire
green
2 sentences2004The government relies on Poulos v. New Hampshire, 345 U.S. 395 , 73 S.Ct. 760 , 97 L.Ed. 1105 (1953) and Lewis v. United States, 445 U.S. 55 , 100 S.Ct. 915 , 63 L.Ed.2d 198 (1980) for this proposition. 2004The government relies on Poulos v. New Hampshire, 345 U.S. 395 , 73 S.Ct. 760 , 97 L.Ed. 1105 (1953) and Lewis v. United States, 445 U.S. 55 , 100 S.Ct. 915 , 63 L.Ed.2d 198 (1980) for this proposition. | 1 | 2004–2004 |
Lewis v. United States
green
2 sentences2004The government relies on Poulos v. New Hampshire, 345 U.S. 395 , 73 S.Ct. 760 , 97 L.Ed. 1105 (1953) and Lewis v. United States, 445 U.S. 55 , 100 S.Ct. 915 , 63 L.Ed.2d 198 (1980) for this proposition. 2004The government relies on Poulos v. New Hampshire, 345 U.S. 395 , 73 S.Ct. 760 , 97 L.Ed. 1105 (1953) and Lewis v. United States, 445 U.S. 55 , 100 S.Ct. 915 , 63 L.Ed.2d 198 (1980) for this proposition. | 1 | 2004–2004 |
Erwin v. Craft
green
1 sentence1984Erwin v. Craft, 452 A.2d 971 (D.C.1982); Truitt v. Miller, 407 A.2d 1073, 1078 (D.C.1979); Miller v. Peoples Contractors, Ltd., 257 A.2d 476 (D.C.1969); see Bathroom Design Institute v. Parker, 317 A.2d 526, 528 (D.C.1974). | 1 | 1984–1984 |
United States v. Clark
green
2 sentences1984In urging this statutory interpretation, Nova reminds us of the well-established rule of statutory construction — a court “will not pass on the constitutionality of an [a]ct ... if a construction of the statute is fairly possible by which the question may be avoided.” United States v. Clark, 445 U.S. 23, 27 , 100 S.Ct. 895, 899 , 63 L.Ed.2d 171 (1980). 1984In urging this statutory interpretation, Nova reminds us of the well-established rule of statutory construction — a court “will not pass on the constitutionality of an [a]ct ... if a construction of the statute is fairly possible by which the question may be avoided.” United States v. Clark, 445 U.S. 23, 27 , 100 S.Ct. 895, 899 , 63 L.Ed.2d 171 (1980). | 1 | 1984–1984 |
Miller v. Peoples Contractors, Ltd.
green
1 sentence1984Erwin v. Craft, 452 A.2d 971 (D.C.1982); Truitt v. Miller, 407 A.2d 1073, 1078 (D.C.1979); Miller v. Peoples Contractors, Ltd., 257 A.2d 476 (D.C.1969); see Bathroom Design Institute v. Parker, 317 A.2d 526, 528 (D.C.1974). | 1 | 1984–1984 |
Corbett v. Kinlein
green
1 sentence1963This is an appeal from a decision of the Practical Nurses’ Examining Board denying petitioner’s application for a license by waiver. 1 As in Corbett v. Kinlein, D.C.App., 191 A.2d 246 (1963), the Board’s action was based solely on petitioner’s failure to comply with subsection (A) (4), the District’s one-year experience requirement. | 1 | 1963–1963 |
Commonwealth v. Emerson
green
2 sentences1910Com. v. Emerson, 165 Mass. 146 , 42 N. E. 559 ; Com. v. Sisson, 178 Mass. 578 , 60 N. E. 385 . (4) Cases in which the statute or municipal ordinance imposed a license tax; some holding that the power to license had not been conferred on the municipality; some that the exercise of the power in the particular case was unreasonable and oppressive; others, that, as applied to a licensed merchant, the license requirement was inapplicable, because the giving of premiums by such merchants was but an incident of their regular business, and not a separate business as such. 1910Com. v. Emerson, 165 Mass. 146 , 42 N. E. 559 ; Com. v. Sisson, 178 Mass. 578 , 60 N. E. 385 . (4) Cases in which the statute or municipal ordinance imposed a license tax; some holding that the power to license had not been conferred on the municipality; some that the exercise of the power in the particular case was unreasonable and oppressive; others, that, as applied to a licensed merchant, the license requirement was inapplicable, because the giving of premiums by such merchants was but an incident of their regular business, and not a separate business as such. | 1 | 1910–1910 |
Commonwealth v. Sisson
green
1 sentence1910Com. v. Emerson, 165 Mass. 146 , 42 N. E. 559 ; Com. v. Sisson, 178 Mass. 578 , 60 N. E. 385 . (4) Cases in which the statute or municipal ordinance imposed a license tax; some holding that the power to license had not been conferred on the municipality; some that the exercise of the power in the particular case was unreasonable and oppressive; others, that, as applied to a licensed merchant, the license requirement was inapplicable, because the giving of premiums by such merchants was but an incident of their regular business, and not a separate business as such. | 1 | 1910–1910 |
Hewin v. City of Atlanta
green
2 sentences1910Winston v. Beeson, 135 N. C. 271 , 65 L.R.A. 167 , 47 S. E. 457 ; Hewin v. Atlanta, 121 Ga. 723 -729, 67 L.R.A. 795 , 49 S. E. 765 , 2 A. & E. 1910Winston v. Beeson, 135 N. C. 271 , 65 L.R.A. 167 , 47 S. E. 457 ; Hewin v. Atlanta, 121 Ga. 723 -729, 67 L.R.A. 795 , 49 S. E. 765 , 2 A. & E. | 1 | 1910–1910 |
Winston v. Beeson.
green
2 sentences1910Winston v. Beeson, 135 N. C. 271 , 65 L.R.A. 167 , 47 S. E. 457 ; Hewin v. Atlanta, 121 Ga. 723 -729, 67 L.R.A. 795 , 49 S. E. 765 , 2 A. & E. 1910Winston v. Beeson, 135 N. C. 271 , 65 L.R.A. 167 , 47 S. E. 457 ; Hewin v. Atlanta, 121 Ga. 723 -729, 67 L.R.A. 795 , 49 S. E. 765 , 2 A. & E. | 1 | 1910–1910 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.