DC ban on gun carry rights - unconstitutional

HTFOff

Golden Member
Oct 3, 2013
1,292
56
91
http://www.foxnews.com/politics/201...-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 allowed 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.”

Click here to read the decision.

“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 Scullin 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.
A good ruling. Still, it will take years; between appeals and the district setting up the permit process before this decision is fully manifested.
 

compuwiz1

Admin Emeritus Elite Member
Oct 9, 1999
27,113
925
126
Obama has to be shitting his pants right now. I guess hot tubbing is over on their deck. lol


"Joking" about the possible assassination of the President of the United States will not fly here. Consider this your one warning.

Perknose
Forum Director
 
Last edited by a moderator:

Thebobo

Lifer
Jun 19, 2006
18,592
7,673
136
I'm sure the DC police, Capitol police and Secret Service will just love this. I can just imagine folks walking around with guns around the capital. I guarantee this will not last long.
 

Smoblikat

Diamond Member
Nov 19, 2011
5,184
107
106
I'm sure the DC police, Capitol police and Secret Service will just love this. I can just imagine folks walking around with guns around the capital. I guarantee this will not last long.

Dont cops walk around with guns in the capital? How about the secret service? Everyone is a human, and everyone has the ability to misuse the powers granted to them. Regular citizens should be no exception.
 

ElMonoDelMar

Golden Member
Apr 29, 2004
1,163
338
136
Dont cops walk around with guns in the capital? How about the secret service? Everyone is a human, and everyone has the ability to misuse the powers granted to them. Regular citizens should be no exception.

I'm guessing federal buildings will be off-limits like they are in most states.
 

Olikan

Platinum Member
Sep 23, 2011
2,023
275
126
Dont cops walk around with guns in the capital? How about the secret service? Everyone is a human, and everyone has the ability to misuse the powers granted to them. Regular citizens should be no exception.

How would a cop know who is a lone wolf crazy and whoose not?
 

QuantumPion

Diamond Member
Jun 27, 2005
6,010
1
76
http://www.foxnews.com/politics/201...-dc-ban-on-gun-carry-rights-unconstitutional/

A good ruling. Still, it will take years; between appeals and the district setting up the permit process before this decision is fully manifested.

On the contrary, as of this ruling the chief of police said that they are now honoring full reciprocity with all state carry licenses. What is silly though is that it is still illegal to have an unregistered gun if you are a DC resident.
 

QuantumPion

Diamond Member
Jun 27, 2005
6,010
1
76
From: http://www.washingtonpost.com/news/...ow-legal-in-district-of-columbia-palmer-v-dc/

Fox5 DC reporter Emily Miller reported the non-resident rules slightly differently on her Twitter feed late Sunday night: “STUNNING DEVELOPMENT: DC Police Chief Lanier just told force not to arrest a person who can legally carry a gun in DC or any state.” “More — DC police chief using guidance from AG — grants full reciprocity for all open and concealed carry from others states.” “Only gun arrests now in DC can be DC residents with unregistered guns and non-residents who are prohibited under federal laws.”
 

PokerGuy

Lifer
Jul 2, 2005
13,650
201
101
Of course as a result of this crime will be rampant, there will be a surge in shootouts and violence. Or.... not. Just like in every other place in the country where restrictions on the law abiding gun owners have been removed, the surge in gun violence predicted by the left will not occur. Just more evidence that it's not the guns, it's the people wielding them that are the issue. Law abiding citizens are not going to become criminals just because they have access to firearms, just like criminals are not going to become less inclined to commit crimes when there are gun restriction laws on the books.
 

glenn1

Lifer
Sep 6, 2000
25,383
1,013
126
I'm sure the DC police, Capitol police and Secret Service will just love this. I can just imagine folks walking around with guns around the capital. I guarantee this will not last long.

I haven't gotten to read the ruling yet, but I'd be surprised if it eliminated all restictions against open carry. For example, weapons have to be carried in a lockable case or approved holster, safety has to be actuated, no round in the chamber, etc.

Anti-gun folks have to realize that just because someone owns a firearm doesn't automatically make them a danger to the general public, anymore than someone with HIV is a danger to the public. There shouldn't be a presumption that someone with a firearm will go on a shooting rampage any more than the HIV person will rum around with a syringe of their blood injecting people.
 

Fenixgoon

Lifer
Jun 30, 2003
31,773
10,274
136
I haven't gotten to read the ruling yet, but I'd be surprised if it eliminated all restictions against open carry. For example, weapons have to be carried in a lockable case or approved holster, safety has to be actuated, no round in the chamber, etc.

Anti-gun folks have to realize that just because someone owns a firearm doesn't automatically make them a danger to the general public, anymore than someone with HIV is a danger to the public. There shouldn't be a presumption that someone with a firearm will go on a shooting rampage any more than the HIV person will rum around with a syringe of their blood injecting people.

i think it allows for concealed carry without restriction for the moment (at least the way i read it).

i'm sure DC will enact some level of permitting, which the ruling does not forbid. the ruling said that you cannot have a permitting process and then never issue permits - that's tantamount to a ban.

i'm sure DC will require "good cause" like MD, in which case hardly anyone will actually get their CCW license.
 

shortylickens

No Lifer
Jul 15, 2003
82,854
17,365
136
Obama has to be shitting his pants right now. I guess hot tubbing is over on their deck. lol


"Joking" about the possible assassination of the President of the United States will not fly here. Consider this your one warning.

Perknose
Forum Director

Damn, and thats an elite mod too.
 

shortylickens

No Lifer
Jul 15, 2003
82,854
17,365
136
I'm sure the DC police, Capitol police and Secret Service will just love this. I can just imagine folks walking around with guns around the capital. I guarantee this will not last long.

They will probably have to create a gun-free zone on Pennsylvania Avenue.
And unlike other gun free zones, this one will actually have to be enforced.
 

trenchfoot

Lifer
Aug 5, 2000
14,651
7,145
136
This is something that any person with an agenda against the government can exploit with glee, of which I'm sure the local PD's and federal law enforcement agencies will attempt to mitigate as quickly as possible.

This ruling pretty much escalates the "war" between the good guys and the bad guys in order for our "well regulated militia" to dress themselves up in the latest firearms boutique accoutrement and parade around in public perfectly accessorized with their coordinated high fashion designs by S&W, Colt, Henry and well, let's be generous here, even Berryman and Mattel too.

I can't wait to see what offerings Charter arms, Beretta and Sako have penned into their fall lineup. I do hope they have some little thingy that will go with my "Expendables" Sequel III themed outfit I've put together.
 

TheSiege

Diamond Member
Jun 5, 2004
3,918
14
81
I haven't gotten to read the ruling yet, but I'd be surprised if it eliminated all restictions against open carry. For example, weapons have to be carried in a lockable case or approved holster, safety has to be actuated, no round in the chamber, etc.

Anti-gun folks have to realize that just because someone owns a firearm doesn't automatically make them a danger to the general public, anymore than someone with HIV is a danger to the public. There shouldn't be a presumption that someone with a firearm will go on a shooting rampage any more than the HIV person will rum around with a syringe of their blood injecting people.

But it does make them more of a danger and/or more potential.
 

Moonbeam

Elite Member
Nov 24, 1999
72,654
6,190
126
Of course as a result of this crime will be rampant, there will be a surge in shootouts and violence. Or.... not. Just like in every other place in the country where restrictions on the law abiding gun owners have been removed, the surge in gun violence predicted by the left will not occur. Just more evidence that it's not the guns, it's the people wielding them that are the issue. Law abiding citizens are not going to become criminals just because they have access to firearms, just like criminals are not going to become less inclined to commit crimes when there are gun restriction laws on the books.

I agree with this. I think if the government fears its own population it will find a way to create those very reasons to fear. We always create what we fear. Children who are treated with constant suspicion grow up untrustworthy. We do stupid things because we have no self understanding. Everybody is born with the will for self respect. To deny people guns is to tell them they are unworthy and they will become that in the end. Unfortunately, we live with the consequences of the 2nd amendment because our society has so many other ways to fuck people up. Fix those and we won't have to worry so much about guns.
 
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