Federal judge rules DC ban on handguns unconstitutional

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Federal judge rules DC ban on handguns unconstitutional

Postby brad3579 on Sat Jul 26, 2014 8:24 pm

Very nice to see.

A federal judge on Saturday overturned Washington D.C.'s ban on carrying handguns outside the home, saying it was unconstitutional.

The court ordered the city to allow residents to carry handguns outside their homes and to let non-residents carry them as well.
http://news.msn.com/us/federal-judge-ru ... titutional
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Re: Federal judge rules DC ban on handguns unconstitutional

Postby mrp on Sat Jul 26, 2014 8:49 pm

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Re: Federal judge rules DC ban on handguns unconstitutional

Postby gunsmith on Sat Jul 26, 2014 9:08 pm



And I would expect that DC will be paying the SAF's bills....$900,000 ????
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Re: Federal judge rules DC ban on handguns unconstitutional

Postby LarryP on Sat Jul 26, 2014 11:00 pm

Bama boys will appeal & that will be at the SC monday, lol
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Re: Federal judge rules DC ban on handguns unconstitutional

Postby bensdad on Sun Jul 27, 2014 11:55 am

The fanboys over on arfcom are having a pants-wetting party over this.

I'm as much of a constitutional carry guy as anyone. That being said, I have fears on this. The population of that city is NOT READY for such a thing. Too big of a change - too fast - could have some damaging results. Hope it turns out ok.
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Re: Federal judge rules DC ban on handguns unconstitutional

Postby farmerj on Sun Jul 27, 2014 12:21 pm

I think the bigger issues will be with OCT-types
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Re: Federal judge rules DC ban on handguns unconstitutional

Postby gunsmith on Sun Jul 27, 2014 1:05 pm

This is the sound of Heller / McDonald reverberating coast-to-coast. :) :D ;) :lol: :P :mrgreen:

The court based its decision in the case, titled Palmer v. District of Columbia, on the Supreme Court’s famous ruling in D.C. v. Heller that affirmed an individual’s right to possess a firearm under the second amendment.

“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,” read the statement of Judge Frederick Scullin Jr.

“Therefore, the Court finds that the District of Columbia’s complete ban on the carrying of handguns in public is unconstitutional.”

The court’s decision — barring a likely challenge from the city — will allow eligible citizens to apply for open carry permits and thus, be able to carry their handguns in public.

It also eliminated the limitations that D.C. had placed that barred residents from owning “pistols not validly registered to the current registrant” until the city enacts licensing requirements that are consistent with “constitutional standards.”

The ruling further stipulated that the District cannot ban the carrying of handguns of qualified non-residents, in addition to qualified residents.

The plaintiff’s lawyer, Alan Gura, was also the lawyer who successfully argued the Heller case before the Supreme Court and celebrated this latest victory on his blog shortly following the Saturday decision.

“With this decision in Palmer, the nation’s last explicit ban of the right to bear arms has bitten the dust,” Gura wrote.


Read more: http://dailycaller.com/2014/07/26/court ... z38hHiJOjr

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Re: Federal judge rules DC ban on handguns unconstitutional

Postby Rip Van Winkle on Sun Jul 27, 2014 1:38 pm

I'm not sure why some of you are getting your panties in a wad over this. As best as I can tell, this is a very minor victory. This ruling does not prohibit the district's onerous registration system, only that they can't prohibit non-residents from it. It also doesn't require the district to adopt "Constitutional Carry", only that they can't have an outright ban. There's nothing in this ruling which says they can't adopt a permitting system as bad or complicated as their registration system.
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Re: Federal judge rules DC ban on handguns unconstitutional

Postby farmerj on Sun Jul 27, 2014 1:43 pm

I agree with you. I can just see groups twisting this the other direction too.
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Re: Federal judge rules DC ban on handguns unconstitutional

Postby jshuberg on Sun Jul 27, 2014 3:59 pm

What's good here is that yet another court has found that the ability to carry a firearm outside the home isn't a privilege granted by the state, but a pre-existing right that must be recognized by the state. Also, as of the date of the ruling DC *is* now constitutional carry. Until a permitting system is established, the state is not able to enforce the ban on carrying firearms in public.

They may adopt a permitting system that is designed to infringe the right, but if that happens it will be challenged as well. The fact that they must now allow for the carrying of firearms in public is significant. It relies significantly on the decision of the court in the San Diego ruling, which is really the case that we need to keep an eye on as it makes it's way to the Supreme Court.
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Re: Federal judge rules DC ban on handguns unconstitutional

Postby LarryP on Sun Jul 27, 2014 6:26 pm

very rare to read any good gun news lately :P We'll take what we can get.
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Re: Federal judge rules DC ban on handguns unconstitutional

Postby bensdad on Sun Jul 27, 2014 9:12 pm

Rip Van Winkle wrote:I'm not sure why some of you are getting your panties in a wad over this. As best as I can tell, this is a very minor victory. This ruling does not prohibit the district's onerous registration system, only that they can't prohibit non-residents from it. It also doesn't require the district to adopt "Constitutional Carry", only that they can't have an outright ban. There's nothing in this ruling which says they can't adopt a permitting system as bad or complicated as their registration system.


Is it not fair to say that this ruling allows carry by all legal handgun owners until DC writes and passes some sort of permit law?
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Re: Federal judge rules DC ban on handguns unconstitutional

Postby Randygmn on Mon Jul 28, 2014 12:19 am

bensdad wrote:
Rip Van Winkle wrote:I'm not sure why some of you are getting your panties in a wad over this. As best as I can tell, this is a very minor victory. This ruling does not prohibit the district's onerous registration system, only that they can't prohibit non-residents from it. It also doesn't require the district to adopt "Constitutional Carry", only that they can't have an outright ban. There's nothing in this ruling which says they can't adopt a permitting system as bad or complicated as their registration system.


Is it not fair to say that this ruling allows carry by all legal handgun owners until DC writes and passes some sort of permit law?


No. Anyone can legally carry in DC. They will also honor every out of state carry permit. This will be in effect UNTIL DC creates its own permit structure.

I wonder how the secret service feel about this, lol.
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Re: Federal judge rules DC ban on handguns unconstitutional

Postby gunsmith on Mon Jul 28, 2014 5:09 am

totally banning a right literally spelled out in the Bill of Rights isn’t going to fly.

...Alan Gura.

There is a NEWS FLASH from Emily of "Emily got her Gun" of the Washington Times......The DC police chief says they are going to accept the ruling upon advice w/ the Attorney General..

What if they actually want images of Yahoos in the nation's capitol...on the steps of the Lincoln Monument... (Like Open Carry Texas) as a weird ploy to further gun rights infringment. ???

Developing.

emily-gets-her-gun-web_s640x963.jpg
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Re: Federal judge rules DC ban on handguns unconstitutional

Postby Rip Van Winkle on Mon Jul 28, 2014 6:05 am

Randygmn wrote:
bensdad wrote:
Rip Van Winkle wrote:I'm not sure why some of you are getting your panties in a wad over this. As best as I can tell, this is a very minor victory. This ruling does not prohibit the district's onerous registration system, only that they can't prohibit non-residents from it. It also doesn't require the district to adopt "Constitutional Carry", only that they can't have an outright ban. There's nothing in this ruling which says they can't adopt a permitting system as bad or complicated as their registration system.


Is it not fair to say that this ruling allows carry by all legal handgun owners until DC writes and passes some sort of permit law?


No. Anyone can legally carry in DC. They will also honor every out of state carry permit. This will be in effect UNTIL DC creates its own permit structure.

I wonder how the secret service feel about this, lol.

Ok, technically I guess those who legally own guns in the district can for now, legally carry. The key words here are "legally owned guns". Remember, the only part of the registration law struck down was the ban on nonresident registration.

As for the district now honoring out of state permits, don't make me laugh. Yes, they have to honor your permit, but not your unregistered carry piece. If you'd like to jump through the hoops to register your gun be my guest.

I also suspect the district's city council (district council?) will be working overtime to pass as cumbersome and expensive permit system they can dream up with a long list of prohibited places. Will they get sued again? probably. Why should they care, this ruling hasn't made them see the light and if it costs the district money, the'll just go hat in hand to the feds for more.
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