H/T to The Daily Caller
"Court Strikes Down D.C.’s Ban On Carrying Handguns In Public
Posted By Scott Greer
In a measure that is likely to cause a fiery debate over gun laws in the nation’s capital, the U.S. District Court of the District of Columbia struck down Washington’s ban on carrying handguns in public on Saturday.
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."
How the DC police react, one would probably guess that they would overreact.
Anony Mouse's Link
A number of recent events may make it impossible for DC to get a stay of this decision:
Anony Mouse's Link
Via Emily Miller: Police Chief Recognizes Carry Reciprocity in D.C
Emily Miller reports:
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.
As of 6:24 p.m. on July 27, 2014, this is a welcome development. Many have said that the D.C. political establishment will ignore the judges order. This shows that Police Chief Lanier is, at minimum, unwilling to be found in contempt. Notice the broad extent of the order: no arrests for a person who can legally carry a gun in D.C. or any State.
With 30 states having open carry without a permit, and over 11 million concealed carry permits valid in the United States, that is a lot of people who may legally carry in the District.
More:
Emily Miller tweeted yesterday that Washington D.C. Police Chief Lanier has issued an order that police will not arrest non-felons who are carrying pistols in the District of Columbia. This morning the Washington Post confirmed her report:
In an order approved by Police Chief Cathy L. Lanier, police were told that District residents are permitted to carry pistols if the weapons are registered. Those who had not registered their handguns could be charged on that ground, the instruction said.
The number of registered pistols is thought to be low.
Lanier’s instructions to police also said that residents of other jurisdictions without felony records would not be charged under the ban on carrying pistols.
The District attorneys have said that they will be "seeking a stay shortly". It is not clear if the court will grant a stay.
It is worth noting that the paper cites the 4th circuit as upholding Maryland's restrictive "may issue" carry law, but ignores the Peruta Decision in California.
First Legal Open Carry in DC in 70 Years
Check out Gunwatch for continuing info.
