Author Topic: DC Goes Down in Flames (CCW Ban Anyway)  (Read 745 times)

Offline Nemo

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DC Goes Down in Flames (CCW Ban Anyway)
« on: July 26, 2014, 10:12:09 PM »
at least with regard to their near total ban of carrying a handgun outside of your residence.  At least at the trial court level.  There is a strong chance appellate will agree.  Now, with the recent spanking given to Illinois about the same thing, the Entire US has some method that some people are permitted to CCW.  A link to the decision is below.

Nemo

http://www.foxnews.com/politics/2014/07/26/emily-miller-federal-judge-rules-dc-ban-on-gun-carry-rights-unconstitutional/

Quote
    Federal judge rules DC ban on gun carry rights unconstitutional
    By Emily Miller
    Published July 26, 2014, FoxNews.com

    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.

    Emily Miller is the chief investigative reporter for Fox 5 DC. She is the author of Emily Gets Her Gun (Regnery/2013).


http://www.foxnews.com/politics/interactive/2014/07/26/palmer-v-district-columbia-decision/
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Re: DC Goes Down in Flames (CCW Ban Anyway)
« Reply #1 on: July 26, 2014, 11:12:01 PM »
Thanks for the good news Nemo, it is always uplifting to hear the good guys won a battle for a change.
I'm sure kokesh is laughing his ass off...

brat

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Re: DC Goes Down in Flames (CCW Ban Anyway)
« Reply #2 on: July 27, 2014, 06:16:02 AM »
Good for them !  Gotta figure there was some back room wrangling for judge to take 5 freaking years to issue a ruling. I hope this lasts thru appeal and is not just an attempt to get it before scotus.

Offline JohnyMac

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Re: DC Goes Down in Flames (CCW Ban Anyway)
« Reply #3 on: July 27, 2014, 09:14:04 AM »
Great news!

Funny thing...I never heard about the ruling. I am surprised that it isn't all over the lame stream media  ;)
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