Alan Gura – victory

Big DC win

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.

 

DC law that was voided

the pertinent part is:

(4) Pistol not validly registered to the current registrant in the District prior to September 24, 1976, except that the prohibition on registering a pistol shall not apply to:

(A) Any organization that employs at least one commissioned special police officer or other employee licensed to carry a firearm and that arms the employee with a firearm during the employee’s duty hours;

(B) A police officer who has retired from the Metropolitan Police Department;

(C) Any person who seeks to register a pistol for use in self-defense within that person’s home; or

(D) A firearms instructor, or an organization that employs a firearms instructor, for the purpose of conducting firearms training.

Voiding this portion would allow for self-defense use outside of the home.  The way our legal system works, when there is no law forbidding an action; that action is legal and defensible against authority.  That is how many states are Open Carry states.  No law against it, makes it legal and permissible.

An even better voiding

No person shall carry within the District of Columbia either openly or concealed on or about their person, a pistol, or any deadly or dangerous weapon capable of being so concealed. Whoever violates this section shall be punished as provided in § 22-4515, except that:

edited for brevity

if this is voided, it pretty much puts DC in the condition of Constitutional Carry.  As of last night, DC has better carry laws (lack of) then Texas, Florida and Arizona.  Now I am not driving up to DC to Open Carry down Pennsylvania Avenue today.  I really can’t afford the test case legal fees or the potential bullet holes in my chest from DCPD.  But, technically this is completely legal, right now.

I fully expect the DC legislative goons to enact some emergency provision to shut this down around 9am Monday morning.  However, the judge specifically stated DC must enact a Constitutionally acceptable method of allowing for CCW and Constitutional Carry is in effect until they do.  This will likely result in a knee jerk reaction the the DC kleptocrats that includes extensive and expensive training programs, extremely long wait times, “good character” limitations and specific narrow limits on which firearms are “safe enough to carry”, possibly even regulations of ammunition that is “safe enough to carry”.

Even though this would seem like a loss to our side, in the long run such defensive actions should result in an even larger / more explicit win for us.  We will get injunctions, we will get further definition from the court, we will have sympathetic people whose right is adversely affected and Scotus will be forced to more narrowly define the “reasonable restrictions” of Heller.  We should be able to effectively revoke “poll taxes”, character checks and all other effective bans on the poor and not politically connected from receiving a carry permit.

Thank you Alan Gura and SAF for all your help in securing our RKBA as written.

 

 

 

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