license requirement (District of Columbia) · Go Syfert
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license requirement in District of Columbia

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.

Followed or applied (10)

CaseFollowedCited
Timus v. United Statesgreen
dc · 1979 · cited in 2 District of Columbia opinions naming this issue, 1987–2012
2 sentences

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))).

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).

22
Tyree v. United Statesgreen
dc · 1993 · cited in 1 District of Columbia opinions naming this issue, 2013–2013
1 sentence

2013Tyree v. United States, 629 A.2d 20, 22-23 (D.C.1993), holding that CPWL and UF do not merge, still governs.

11
National Labor Relations Board v. Jones & Laughlin Steel Corp.green
scotus · 1947 · cited in 1 District of Columbia opinions naming this issue, 2012–2012
2 sentences

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))).

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))).

11
Singleton v. United Statesgreen
dc · 1967 · cited in 1 District of Columbia opinions naming this issue, 2012–2012
1 sentence

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))).

11
In Re Harpergreen
dc · 2001 · cited in 1 District of Columbia opinions naming this issue, 2008–2008
1 sentence

2008On 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).

11
Saul v. Rowan Heating & Air Conditioning, Inc.green
dc · 1993 · cited in 1 District of Columbia opinions naming this issue, 1995–1995
2 sentences

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).

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).

11
Tucker v. United Statesgreen
dc · 1980 · cited in 1 District of Columbia opinions naming this issue, 1992–1992
1 sentence

1992Criminal 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.

11
Pillis v. District of Columbia Hackers' License Appeal Boardgreen
dc · 1976 · cited in 1 District of Columbia opinions naming this issue, 1987–1987
1 sentence

1987The 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. .

11
Bathroom Design Institute v. Parkergreen
dc · 1974 · cited in 1 District of Columbia opinions naming this issue, 1984–1984
1 sentence

1984Erwin 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).

11
Truitt v. Millergreen
dc · 1979 · cited in 1 District of Columbia opinions naming this issue, 1984–1984
1 sentence

1984Erwin 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).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in District of Columbia. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
Terry v. Ohio green
scotus · 1968
2 sentences

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).

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).

22000–2000
Snell v. United States green
dc · 2013
1 sentence

2013We 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.

12013–2013
District of Columbia v. Heller green
scotus · 2008
2 sentences

2009Thus, 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 .

12009–2009
Poulos v. New Hampshire green
scotus · 1953
2 sentences

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.

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.

12004–2004
Lewis v. United States green
scotus · 1980
2 sentences

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.

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.

12004–2004
Erwin v. Craft green
dc · 1982
1 sentence

1984Erwin 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).

11984–1984
United States v. Clark green
scotus · 1980
2 sentences

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).

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).

11984–1984
Miller v. Peoples Contractors, Ltd. green
dc · 1969
1 sentence

1984Erwin 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).

11984–1984
Corbett v. Kinlein green
dc · 1963
1 sentence

1963This 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.

11963–1963
Commonwealth v. Emerson green
mass · 1896
2 sentences

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.

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.

11910–1910
Commonwealth v. Sisson green
mass · 1901
1 sentence

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.

11910–1910
Hewin v. City of Atlanta green
ga · 1905
2 sentences

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.

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.

11910–1910
Winston v. Beeson. green
nc · 1904
2 sentences

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.

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.

11910–1910

Statutes the citing opinions construe

DC § D.C. Code § 22-4504 (5)

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.

Where else courts name it

NY 83 (1889–2025) PA 82 (1846–2025) IL 76 (1894–2025) CA 61 (1862–2026) AL 38 (1906–2014) TX 33 (1907–2024) MO 26 (1913–2024) GA 24 (1891–2025) FL 23 (1934–2017) MD 22 (1924–2025) OH 21 (1922–2025) KS 20 (1927–2020) IN 19 (1904–2019) MN 19 (1909–2017) WA 18 (1916–2024) NJ 17 (1924–2024) DC 16 (1910–2013) CT 15 (1981–2022) MA 15 (1902–2024) OR 15 (1916–2019) NM 14 (1913–2017) UT 13 (1922–2024) HI 12 (1998–2025) AZ 12 (1927–2009) VA 11 (1914–2013) AR 10 (1989–2025) CO 10 (1897–2020) ID 9 (1915–2020) NC 9 (1912–2018) MI 9 (1895–2025) KY 8 (1912–2013) WY 8 (1986–2021) TN 7 (1897–2003) IA 7 (1879–2018) SD 6 (1945–2013) NE 5 (1952–1996) WV 5 (1892–1953) ME 5 (1983–2021) WI 4 (1926–1999) LA 4 (1960–2003) NH 4 (1980–2016) AK 4 (1984–2021) NV 4 (2016–2016) RI 4 (1939–2024) ND 3 (1995–2021) PR 2 (1947–1967) DE 2 (1984–1995) OK 2 (1961–1968)

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.

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