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D.C Court of Appeals reverses conviction for unlicensed carrying, and reaffirms that certificates of no record are testimonial

Oct 27, 2009 D.C Court of Appeals reverses conviction for unlicensed carrying, and reaffirms that certificates of no record are testimonial

Image from the Government Printing Office’s website.

Post-Heller, here is more from the District of Columbia on handgun prosecutions:

In the District of Columbia, "to convict a defendant of CPWL [carrying a pistol without a license], UF [unregistered firearm] or UA [unregistered ammunition] on an aiding and abetting theory, ‘the government must show that the principal (not the aider and abettor) was not licensed. . . .’ Halicki v. United States, 614 A.2d 499, 503-04 (D.C. 1992)." Walker & Boyd v. U.S., ___ A.2d ___ (D.C., Oct. 22, 2009).

Walker further confirms that "the government’s reliance solely on a certificate-of-no-record to prove lack of a license and registration violated the Sixth Amendment Confrontation Clause. See Tabaka v. District of Columbia, [976 A.2d 173 (D.C. 2009)] (per curiam) (holding, on the basis of Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527 (2009), that a certificate of no-record is ‘testimonial’." Jon Katz

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