Quantcast

Federal Judge Rules DC Gun Restrictions, UNCONSTITUTIONAL.

Screen Shot 2014-07-28 at 11.45.28 AM

A federal judge makes a landmark decision for Gun Rights in Washington DC.
The city can no longer forbid the exercise of a fundamental constitutional right to carry a gun outside the home.

Judge Frederick Scullin Jr. has overturned the city’s total ban on residents being allowed to carry firearms outside their home.
Judge Scullin 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.”

Click here to read the decision.

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

Judge Scullin 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. The Second Amendment Foundation 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 did not respond to request for comment.

City Council Chairman Phil Mendelson said Sunday that he just learned of the ruling and had yet to read the opinion.

However, he said because of the District’s unique national security concerns, the right to carry a firearm in public “must be more heavily restricted than any place else in the nation.”

“Four U.S. presidents have been assassinated by gunfire, and at least five others have been shot at, including Ronald Regan who was seriously wounded in 1981,” he said. “Neither the Secret Service nor the Capitol Police will disclose all incidents where they have recovered firearms, but we do know that just two years ago someone hit the White House with gunfire, and there are frequent threats on the foreign diplomatic corps.”

Read more here

Posting Policy
We have no tolerance for comments containing violence, racism, vulgarity, profanity, all caps, or discourteous behavior. Thank you for partnering with us to maintain a courteous and useful public environment where we can engage in reasonable discourse. Read more.
  • bartmansan

    We should all contact City Council Chairman Phil Mendelson and educate him on his oath of office.

    While we’re at it, we should contact each of the other council members as well. Their pages are linked at the site below.

    The other Council Members are David Catania; Vincent Orange; David Grosso; Anita Bonds; Jim Graham; Jack Evans; Mary M. Cheh; Muriel Bowser; Kenyan McDuffie; Tommy Wells; Yvette Alexander; & Marion Barry.

    Office: 1350 Pennsylvania Avenue NW, Suite 504,
    Washington, DC 20004

    Tel: (202) 724-8032 | Fax: (202) 724-8085

    http://www.dccouncil.washington.dc.us/council/phil-mendelson

  • Phil McMorrow

    The Rule of Law has prevailed. Finally.

    • dan

      Thumbs up!

  • bartmansan

    § 1-604.08. Oath of office.

    Each personnel authority of an agency of the District shall designate a person to administer the oath of office to each employee of that agency. The oath shall be as
    follows:

    “I, (employee’s name) do solemnly swear (or affirm) that I will faithfully execute the laws of the United States of America and of the District of Columbia, and will, to the best of my ability, preserve, protect and defend the Constitution of the United States, and will faithfully discharge the duties of the office on which I am about to enter.”

    http://dccode.org/simple/sections/1-604.08.html

  • Randy131

    “Four U.S. presidents have been assassinated by gunfire, and at least five others have been shot at, including Ronald Regan who was seriously wounded in 1981