Sunday, July 27, 2014

D.C. Gun Ban Ruled Unconstitutional

Via Susan


Justice never sleeps…. not even on a Saturday afternoon, when this opinion was just handed down.
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. Accordingly, the Court grants Plaintiffs’ motion for summary judgment and enjoins Defendants from enforcing the home limitations of D.C. Code § 7-2502.02(a)(4) and enforcing D.C. Code § 22-4504(a) 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.4 Furthermore, this injunction prohibits the District from completely banning the carrying of handguns in public for self-defense by otherwise qualified non-residents based solely on the fact that they are not residents of the District.

8 comments:

  1. I am pretty sure the DC Police chief will never say what the Detroit Police chief said (Go out and get yourself a gun and protect yourself and your family), but I am pretty sure people will be able to figure that out for themselves. Can't wait to start reading about how the criminals fare in our Nation's Capitol once people start protecting themselves ;)

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    1. prohibits the District from completely banning the carrying of handguns in public for self-defense by otherwise qualified non-residents based solely on the fact that they are not residents of the District.

      Yes and I'm curious how the above will play out

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  2. I know how this is going to play out. The Police Chief is anti-gun he will arrest anyone with a gun. Well unless they are a criminal then it is okay. There are so many minuscule laws anyone can be arrested at any time. He may not be able to arrest you for having a gun but he will arrest you if you have one.

    Badger

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    1. As I mentioned yesterday, maybe something way over the top is needed to wake up people. When Dixie and I went to the 2009 March on DC, you should have seen the glaring eyes of this one woman when she spied Dixie's Confederate Flag purse. I loved it. :) Should have said "Ma'am, would you like to know where to buy one?" :) She'd have probably flipped out when she heard the very first word. :)

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  3. Isn't this the same issue for Chicago - the gun ban was ruled unconstitutional, but that decision is still not being respected.

    To Brock's question - It should be that anyone in the District of Columbia regardless of residency should have the right to self-protection... we will indeed see how it plays out.

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    1. Indeed and the commies are hard at work right now thinking of someway to circumvent it.

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  4. I think all cites should post signs and ads in news rags. ATTENTION CRIMINALS! Many residents of this city are armed. We will shoot and kill you if you attempt to rob us or use force against us. YOU HAVE BEEN WARNED. Now its time to get a job and make an honest living or remain a criminal and get hurt or killed.

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    1. When I grew up there were signs on my father's farms and those in the same area that read "Trespassers will be shot on sight"

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