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Federal Judge Rules D.C. Gun Ban Unconstitutional

The nation’s last explicit ban on the right to bear arms falls.

by
Paula Bolyard

Bio

July 26, 2014 - 8:58 pm

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U.S District Court Judge Frederick L. Scullin, Jr. ruled on Saturday that the District of Columbia’s total ban on carrying firearms outside the home was unconstitutional. Judge Scullin wrote in Palmer v. District of Columbia,

In light of Heller, McDonald, and their progeny, 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. Therefore, the Court finds that the District of Columbia’s complete ban on the carrying of handguns in public is unconstitutional.

The court granted the Plaintiff’s motion for summary judgment and ordered the District of Columbia to stop enforcing the District of Columbia codes that effectively ban the carrying of handguns in the District ”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.”

Judge Scullin went a step further, prohibiting the District from completely banning the carrying of handguns for individuals “based solely on the fact that they are not residents of the District.”

Along with Columbia v. Heller (2008) and McDonald v. Chicago (2010),  Sculling cited the Seventh Circuit’s Moore v. Madigan (2012) decision which said, “[a] blanket prohibition on carrying gun[s] in public prevents a person from defending himself anywhere except inside his home; and so substantial a curtailment of the right of armed self-defense requires a greater showing of justification than merely that the public might benefit on balance from such a curtailment, though there is no proof that it would.”

Noting that the District of Columbia appears to be the only jurisdiction that still has such a complete ban on the carrying of handguns outside the home Sculling wrote, “That does not mean that other jurisdictions are indifferent to the dangers that the widespread public carrying of guns; rather, those jurisdictions ‘have decided that a proper balance between the interest in self-defense and the dangers created by carrying guns in public is to limit the right to carry a gun to responsible persons rather than to ban public carriage altogether[.]‘”

Alan Gura, the lead attorney for the the Second Amendment Foundation, a plaintiff in the case, said on his blog Saturday:

Obviously, the carrying of handguns for self-defense can be regulated. Exactly how is a topic of severe and serious debate, and courts should enforce constitutional limitations on such regulation should the government opt to regulate. But totally banning a right literally spelled out in the Bill of Rights isn’t going to fly … Congratulations Americans, your capital is not a constitution-free zone.

 

 

 

In addition to writing for PJ Tatler and PJ Lifestyle, Paula also writes for Ohio Conservative Review, and RedState. She is co-author of a new Ebook called, Homeschooling: Fighting for My Children’s Future. She is a member of the Wayne County Executive Committee. Paula describes herself as a Christian first, conservative second, and Republican third.
Top Rated Comments   
Perhaps the judiciary is correctly reading the public-at-large's growing disgust and resentment towards an increasingly arrogant and dismissive federal (and sometimes state and/or local leviathan), but TDIINVA offers sound advice to avoid both possible incarceration and the absolute unlawful permanent confiscation of a damn fine sidearm. The whole world has turned upside down; every despotic commie mass murderer in infamy (Mao-Stalin-Lenin-Pol Pot-Castro-Chavez-Putin.....and the fairy wannabe Comrade Obama) are now 'respected world leaders' while the United States of America, who has freed 100's of millions from the yoke of tyranny and oppression are now looked upon as the bad guys. The USA has fought numerous wars all over he world, at the cost of 100's of thousands of Americans killed with twice as many wounded and/or maimed, yet we have NEVER, EVER, NOT ONCE conquered or failed to return the nations we have fought to either free from tyranny or further our own national interests, to the rightful citizens who live there. The leftover leftist hippies who were the 5th column supporting the communists during Vietnam (aka: Hanoi Jane and the Rapist-in-Chief Bubba) are now firmly entrenched in both academia and the media. Until Americans begin thinking for ourselves again, we will continue electing scum of the Earth such as Kerry, Boehner, McConnell, Benedict McCain, anyone with the surname Kennedy or Clinton, and the poster-children of corruption too numerous to mention, but prominently led by Reid, Pelosi, the Mississippi Republican Party, Her Thighness Hillary (and her, uh, ahem - assistant Huma), plus every other fairy, sissy Ivy League communist queer this White Mosque can find that hates America. I seriously advise any and all Americans eligible to acquire a concealed carry weapons permit to do so as soon as possible,take a certified familiarization course if needed, and purchase a reliable firearm and LOTS of ammunition. Pray God it will not be necessary, but way back in 1989 in the Republic of Panama, my old company 1SG told this (then) young paratrooper, "It is always better to be judged by 12, than to be carried by 6." God Bless you all and God Bless America.

Remember BENGHAZI!
8 weeks ago
8 weeks ago Link To Comment
Despite this ruling, which is certain to be appealed, I will not be entering the District carrying a gun. The DC police are going to take a "Sue me attitude." If I got caught today the charges would be thrown out but I would probably spend the a day or two in jail and never get my gun back. We live in era where Democrats ignore laws that they disagree with.
8 weeks ago
8 weeks ago Link To Comment
All Comments   (3)
All Comments   (3)
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Perhaps the judiciary is correctly reading the public-at-large's growing disgust and resentment towards an increasingly arrogant and dismissive federal (and sometimes state and/or local leviathan), but TDIINVA offers sound advice to avoid both possible incarceration and the absolute unlawful permanent confiscation of a damn fine sidearm. The whole world has turned upside down; every despotic commie mass murderer in infamy (Mao-Stalin-Lenin-Pol Pot-Castro-Chavez-Putin.....and the fairy wannabe Comrade Obama) are now 'respected world leaders' while the United States of America, who has freed 100's of millions from the yoke of tyranny and oppression are now looked upon as the bad guys. The USA has fought numerous wars all over he world, at the cost of 100's of thousands of Americans killed with twice as many wounded and/or maimed, yet we have NEVER, EVER, NOT ONCE conquered or failed to return the nations we have fought to either free from tyranny or further our own national interests, to the rightful citizens who live there. The leftover leftist hippies who were the 5th column supporting the communists during Vietnam (aka: Hanoi Jane and the Rapist-in-Chief Bubba) are now firmly entrenched in both academia and the media. Until Americans begin thinking for ourselves again, we will continue electing scum of the Earth such as Kerry, Boehner, McConnell, Benedict McCain, anyone with the surname Kennedy or Clinton, and the poster-children of corruption too numerous to mention, but prominently led by Reid, Pelosi, the Mississippi Republican Party, Her Thighness Hillary (and her, uh, ahem - assistant Huma), plus every other fairy, sissy Ivy League communist queer this White Mosque can find that hates America. I seriously advise any and all Americans eligible to acquire a concealed carry weapons permit to do so as soon as possible,take a certified familiarization course if needed, and purchase a reliable firearm and LOTS of ammunition. Pray God it will not be necessary, but way back in 1989 in the Republic of Panama, my old company 1SG told this (then) young paratrooper, "It is always better to be judged by 12, than to be carried by 6." God Bless you all and God Bless America.

Remember BENGHAZI!
8 weeks ago
8 weeks ago Link To Comment
This is really odd. We are losing on many fronts, but the last few years, it's been one win after another on the 2nd Amendment.

Odd.

8 weeks ago
8 weeks ago Link To Comment
Despite this ruling, which is certain to be appealed, I will not be entering the District carrying a gun. The DC police are going to take a "Sue me attitude." If I got caught today the charges would be thrown out but I would probably spend the a day or two in jail and never get my gun back. We live in era where Democrats ignore laws that they disagree with.
8 weeks ago
8 weeks ago Link To Comment
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