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

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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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