Federal judge rules DC ban on gun carry rights unconstitutional
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, declaring the law "unconstitutional" 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 plaintiffs, 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.
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As a Life Member of SAF, its always good to see my friends Alan and Joe succeed on our behalf! Nicely done SAF!!! Working together....we will prevail!