DC gun ban on carrying weapons falls

| July 27, 2014

So this happened this weekend in Palmer v. DC;

IV. CONCLUSION

Having reviewed the parties’ submissions and the applicable law, and for the above-stated reasons, the Court hereby GRANTS Plaintiffs’ motion for summary judgment and DENIES Defendants’ cross-motion for summary judgment; and the Court further ORDERS that Defendants, their officers, agents, servants, employees and all persons in active concert or participation with them who receive actual notice of this Memorandum-

Decision and Order, are permanently enjoined from enforcing D.C. Code § 7-2502.02(a)(4) to ban registration of handguns to be carried in public for self-defense by law-abiding citizens; and 5 As stated above, with respect to Plaintiff Raymond’s Second Amendment claim, the District of Columbia may not completely bar him, or any other qualified individual, from carrying a handgun in public for self-defense simply because they are not residents of the District.

the Court further ORDERS that Defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of this Memorandum-

Decision and Order are permanently enjoined from enforcing D.C. Code § 22-4504(a); and the Court further ORDERS that defendants, their officers, agents, servants, employees, and all persons in active concert or participation from them who receive actual notice of this Memorandum-

Decision and Order from enforcing D.C. Code § 7-2502.02(a)(4) and D.C. Code § 22-4504(a) against individuals based solely on the fact that they are not residents of the District of Columbia.

IT IS SO ORDERED.
Dated: July 24, 2014
Syracuse, New York

The States of New York and Maryland are hereby placed on notice.

From Emily Miller at Fox News;

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.

And no one had to load a shotgun a block from the White House to make it happen.

Category: Guns

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ConcernedCitizen

I wonder if this is going to hold up to the circuit since they upheld yon land of Mary’s mayn’t-issue in Woolard v. Gallagher.

jonp

” based solely on the fact that they are not residents of the District of Columbia.”

Expect lot’s of fun around this. DC will come up with a myriad of reasons why someone should not carry and will have to be sued each time until they are told to knock it off once and for all.

ConcernedCitizen

Yes. At any rate, it is time to enjoy the surprise weekend special on liberal tears!

AW1 Tim

Yes. Yes it is! 🙂

Sapper3307

Let it poor liberal tears are actually good for the roots liberty.

cold57

I am ordering this just 4 shuts n giggles.

http://shop.tacticalshit.com/liberal-tears-gun-oil-6oz

Delilah T.

The more they are sued on this issue, the more expensive it becomes until it is no longer practical to enforce a rule that has been judged unconstitutional.

Now, if only the USSC would do that to howbadmycare.

Doc Savage

I love this…but you know that liberals heads are exploding from one end of DC all the way to the White House; I can hear it here in Kandahar.

Sounds a bit like walking on bubble wrap….

Isnala

That explains the pop corn like sound to my south.

Delilah T.

Considering that parts of WDC are as bad as parts of NYC and Chicago and Miami, I’m so happy for those who wish to protect themselves from outlaws.

That does not mean that I agree with Squeaky Fromme’s decision some time back to try to off Gerald Ford. And anyway, she missed.

OWB

Good.

Doc Savage

From a Maryland resident:

Today I swung my front door wide open and placed my Remington 30.06 right in my
doorway. I left 6 shells beside it, then left it alone
and went about my business. While I was gone, the mailman
delivered my mail, the neighbor boy across the street
mowed the yard, a girl walked her dog down the street,
and quite a few cars stopped at the stop sign near the
front of our house. After about an hour, I checked on the gun. It was still sitting there, right where I had left it. It hadn’t moved itself outside. It certainly hadn’t killed anyone, even with the numerous opportunities it had been presented to do so. In fact,
it hadn’t even loaded itself. Well you can imagine my surprise, with all the media hype about how dangerous guns are and how they kill people. Either the media is wrong or I’m in possession of the laziest gun in the world. The United States is 3rd in murders throughout the World. But if you take out Chicago, Detroit, Washington DC and New Orleans, the United States is 4th from the bottom for Murders.
These 4 Cities also have the toughest Gun Control Laws in the United States. All 4 are controlled by Democrats. It would be absurd to draw any conclusions from this data – right?
Well, I’m off to check on my spoons – I hear they’re making people fat.

Isnala

While I’ll be first to applaud this decision, I hope you comment was in jest as leaving an unattended unsecured fire arm violates just about every safe gun ownership practices out there. Though I agree with the premis that people kill people, and should not be blaimed on the weapon used to commit said crime.

Doc Savage

I’m pretty sure the author meant it in a humorous fashion

2/17 Air Cav

Does that include the spoon check? I thought that was such a good idea, I told my wife about it and she promptly threw out our large table spoons. Sonuvagun.

2/17 Air Cav

Doc. Perhaps your guns aren’t lazy. They are merely too close to DC and afraid that they’ll be confiscated and destroyed if they budge.

Doc Savage

2/17 Air Cav…I found that posted somewhere on the net from a Maryland resident….fortunately , Im not from MD..I live on the “Midwest Coast”….the only things my guns fear is a lack of use while I’m over here in the sandbox.

Thunderstixx

Of course it was in jest.
That is an old gun anti gun control screed. It is just designed to toss the horse shit label on the gun controllers crap they spew out of their filthy sewers…

Sparks

The good guys and patriotic citizens who love our Constitution and our rights, win one. Now let’s see New York and Maryland fall right behind DC. Yahoo.

FatCircles0311

Took 5 years to get results.

Will take who knows how long to finally get enacted results.

Then some libtard activist judge will reinterpret the law by creating new definitions of words to negate it.

I sure hope the first thing the Republican dominated house and senate does after this election is get through some national conceal carry program that negates unconstitutional local shenanigans.

The Other Whitey

Wouldn’t that be nice? Of course there’s still far too many RINOs to hope for real progress on that front.

vietnam war protestor aka uss liberty aka deport republicans not the children

Democrats will be appointing judges from now on. It will take time but the future belongs to us its called demographics! We become more numerous republicans become less numerous every day our numbers grow!

VWDildo-tester.
I think you have us confused with people who give a fuck about political parties. We are about our Constitution and protectiong our country.
You are a yellow dog Dhimmi-crap who would vote for a pedophile terrorist mass murderer if he had a “D” by his name on the ballot.

It’s called “demographics” meaning more freeloaders until there aren’t emough people to steal from to fund the lazy.
To paraphrase Margaret Thatcher “The problem with liberalism is that eventually you run out of other people’s money.”
Or you get a revolution. And who has all the guns? 😉

All right who kicked the rock man up?

vietnam war protestor aka uss liberty aka deport republicans not the children

dog even that couldn’t be worse then a republican.

What? Has anyone told vwpissed-n-staggering not to use a keyboard or the internet when he’s stoned?

Geez, Louise, is there a black hole some place like Colorado when he can be dropped off for good? All the other homeless dinkie-dies are going out there because of CO’s pot law. Maybe they could all have their own compound, and someone could lock the exit gate on them.

Hondo

Perhaps, DT – but there is always the Kilauea crater on Hawaii’s big island . . . .

Ex-PH2

I have a question.

Is this actually the final opinion, or does it automatically go to appeal?

It seems to me that spending more taxpayer cash on pursuing it will cost more than should be allowed. So how far will this go?

Any ideas?