Federal judge rules DC ban on gun carry rights unconstitutional

Discussion in '2nd Amendment' started by Hermitt, Jul 27, 2014.

  1. Hermitt

    Hermitt Hey! Get Off My Lawn! Member

    [​IMG]


    A federal judge in the District of Columbia on Saturday overturned the city’s total ban on residents being allowing to carry firearms outside their home in a landmark decision for gun-rights activists.

    Judge Frederick Scullin Jr. wrote in his ruling in Palmer v. District of Columbia that the right to bear arms extends outside the home, therefore gun-control laws in the nation’s capital are “unconstitutional.”

    “We won,” Alan Gura, the lead attorney for the Second Amendment Foundation, told Fox News in a phone interview. “I’m very pleased with the decision that the city can’t forbid the exercise of a fundamental constitutional right."

    Gura said he expects the District to appeal this decision but added, “We’ll be happy to keep the fight going.”

    The decision leaves no gray area in gun-carrying rights.

    Judge Sculin extensively referenced the Supreme Court decisions in District of Columbia v. Heller (2008) and McDonald v. Chicago (2010) to concluding “there is no longer any basis on which this court can conclude that the District of Columbia's total ban on the public carrying of ready-to-use handguns outside the home is constitutional under any level of scrutiny.”

    The court ordered the city to now allow residents from the District and other states to carry weapon within its boundaries.

    Judge Scullin wrote that the court “enjoins Defendants from enforcing the home limitations of [D.C. firearms laws] unless and until such time as the District of Columbia adopts a licensing mechanism consistent with constitutional standards enabling people to exercise their Second Amendment right to bear arms.”

    The defendants are the city government and Police Chief Cathy L. Lanier.

    This case has dragged in the courts for five years. Gura has twice asked the federal appeals court to force Judge Scullin to issue a decision. The five plaintiffs filed in 2009, and the case was argued twice, most recently in Oct. 2012.

    George Lyon, a D.C. resident and registered gun owner is one of the plaintiffs in Palmer.

    “I am gratified that after a long wait our right to protect ourselves and our families has been vindicated,” Lyon, a lawyer, said Saturday.

    He urged Mayor Vincent Gray, a Democrat, and the Democrat-controlled City Council to “swiftly enact a concealed carry law that protects the rights of law abiding citizens to protect themselves.”

    Gray and D.C. City Council Chairman Phil Mendelson did not respond immediately for a request for comment.


    http://www.foxnews.com/politics/201...-dc-ban-on-gun-carry-rights-unconstitutional/
     
  2. ajole

    ajole Supporting Member

    35,294
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    Cool! Another thing the political bosses can try to ignore, loophole around, and generally act like criminals as they attempt to do whatever they please.
     

  3. Liberty

    Liberty Shhh! Lifetime Supporter

    Maybe the woman in New Jersey can use this decision to bolster her case that people from other states should be allowed to carry.
     
  4. bscar

    bscar Supporting Member

    They might be allowed to, but their overseer will drag their feet and make it neigh on impossible to obtain a permit to do so.
     
  5. Emily Miller just tweeted : " DC Police Chief Lanier just told force not to arrest a person who can legally carry a gun in DC or any state." "More -- DC police chief using guidance from AG -- grants full reciprocity for all open and concealed carry from others states." Emily Miller: "Per DC Police Chief Lanier, the only gun arrests allowed now are DC residents with unregistered guns and non-residents who are prohibited under federal laws from possessing firearms. Everyone else is in the clear." WOW! If this is true,this is HUGE and there is now FULL reciprocity in D.C. right now!
     
  6. tallbump

    tallbump Supporting Member

    ^ I was just coming to post this :D
     
  7. mn_doggie

    mn_doggie Member

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    MN

    Now it will be interesting to see the contortions the DC police dept stat people will go thru to "show" that gun crime will go up because of the change... Everwhere else in the country the crime rate goes down.

    With the huge amount of federal facilities in DC, a person will have to be very careful where they carry.
     
  8. lklawson

    lklawson Staff Member

    Bet CC will still be banned in Federal Monuments and government buildings. Still, definitely an important improvement.

    Peace favor your sword,
    Kirk
     
  9. Just read an article in the huff-post. Essentially a anti gun paper we see all over the place.

    http://www.huffingtonpost.com/mike-weisser/dc-concealed-carry-guns_b_5626590.html

    "Given the fact that only 9 states had any degree of unfettered concealed-carry laws less than thirty years ago, perhaps it's time for the NRA to stop preaching that gun owners constitute a persecuted minority whose rights to own and carry guns are constantly under attack.?

    That is the conclusion to the article. The way i read it is. "NRA stop saying you guys are a minority and under attack, after all it seems you were right and everyone wants to carry guns. You Win"
     
  10. Hermitt

    Hermitt Hey! Get Off My Lawn! Member

    The NRA IS under constant attack. If they even let up a smidgen, it would take no time at all to lose all the rights that they are trying to protect.
     
  11. Last edited: Jul 28, 2014
  12. bscar

    bscar Supporting Member

    kinda like the doors at walmart on black friday. They push and they push and they push, then the doors open and a sea of people flood inside. If one bill gets passed, then that opens the door for amendments to be added later on that could restrict things even more
     
  13. I'll bet the police chief shed a tear or 2 writing that memo. What is that, 3 out of 4 fed courts that have said CC must be shall issue?

    The biggest thing for gun rights is that those that don't reside there have that right to carry while visiting.
     
  14. bscar

    bscar Supporting Member

    yeah, you just gotta wade through all the surrounding states gun laws to get there.
    Maybe we'll see some people open carrying into starschmucks in DC and taking selfies with their friends there
     
  15. Liberty

    Liberty Shhh! Lifetime Supporter

    The part about "unregistered guns" - THAT chaps my hide. WE NEED NOT REGISTER WEAPONS UNDER THE CONSTITUTION. At least they're starting in the right direction. Now if we can just stampede over their bodies....
     
  16. I am sure they will adopt a may issue scheme, which means carry of any type in DC will be illegal. Except for the very rich or powerful, just like a handful of other states.
     
  17. That may not be in their best interest. Didn't San Francisco just loose that case? And are now required to become shall issue.
    I would imagine they would be smart enough to see that the next a suit would be against may issue
     
  18. Yes but they can drag it out for another 5 years or more, until President Clinton can appoint a anti gun justice to SCOTUS. AND then they will be ready to take a case all the way, even attempting to reverse McDonald and Heller.