Brown University

Gun rights advocate extraordinaire Alan Gura reports that the DC District Court just overturned the District of Columbia’s ban on the right to carry firearms. You can read the ruling here. As Gura quotes the ruling:

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

the Court grants Plaintiffs’ motion for summary judgment and enjoins Defendants from enforcing the home limitations of D.C. Code § 7-2502.02(a)(4) and enforcing D.C. Code § 22-4504(a) 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.4 Furthermore, this injunction prohibits the District from completely banning the carrying of handguns in public for self-defense by otherwise qualified non-residents based solely on the fact that they are not residents of the District.

RELATED ARTICLESMORE FROM AUTHOR

168 COMMENTS

      • If DC is forced to issue a CCW (like Illinois was last year) I will technically be granted by the Federal Government. That puts us one step closer to a full 50 state CCW system.

        Logically, how can a state not recognize a permit issued by the Federal Government?

        • You didn’t seriously just mention logic and the Federal govt in the same sentence, did you??

        • It’s would not be a permit issued by the Federal Government, it would be a permit issued by the DC Government. It would be like a permit issued in the US Virgin Islands. DC is a Federal District, overseen by Congress, but governed by the imbeciles, er, inhabitants of DC.

      • I am not a lawyer, but I thoroughly read and re-read the decision and the relevant statutes this morning until I came to an understanding of what happened.
        Before: Applications to register a firearm for purposes of defense outside the home were denied.
        Now: That is not a valid reason to deny firearm registration applications.
        Before: Concealed and open carry of handguns outside the home was generally illegal.
        Now: There is no standing statute against concealed or open carry of handguns outside the home.
        The changes apply equally to residents and non-residents.
        IMPORTANTLY: While concealed and open carry of handguns outside the home is now legal, possession of firearms in DC that have not been registered in DC carries a fine of up to $1000 and/or up to one year imprisonment.

  3. Now to see what ridiculous licensing scheme DC comes up with.

    I guess Emily Miller’s next book is going to be titled “Emily Gets Her Gun… Permit.”

      • That would be awesome the reciprocity part since I live in NoVA and have to go into the district quite often its annoying having to go back home and drop my gun off when ever I want to go hang with friends in DC or for work.

        • There’s also one road (don’t recall which one) that has something like a quarter mile segment witin DC boundaries, so you need to pull over, secure it per FOPA, then continue.

        • I believe he’s talking about the GW parkway. It runs along the river and crosses back and forth between DC and VA a couple of times especially around the Arlington cemetery and National Airport. This is covered in the local permit course I took as something to be aware of if youre traveling in the area and carrying.

        • That’s it – GW Parkway. Thank you

          VCDL blasted out the email a little while ago. This is really exciting stuff.

        • I-95 ‘ticks’ the southern point of DC right at the Wilson Bridge.

          Mike
          Appleton, WI

    • My wager is they lift NYC’s licensing scheme lock, stock and barrel.
      The only people that will be allowed to have a carry permit in DC will be the wealthy ruling class. The ordinary peons will all be rejected out of hand…after they pay their (non-refundable) fees, of course.

    • Two words: justifiable need. Works great in New Jersey and, thanks to the SCOTUS infinite wisdom, there’s no risk of it being overturned.

        • DC doesn’t have to be in the same jurisdiction as NY or Jersey for DC to copycat those two hellhole’s handgun permit denial schemes.

      • has NYC and NJ’s “may issue” scheme been challenged before SCOTUS?

        “reasonable regulations” needs some objective definition.

  5. Well and proper. I wonder if this can be used as part of the appeal for the folks that got unto trouble with “illegal ammunition”. I swear, of all things going on in DC, prosecuting that stuff. Messed up priorities….

  6. F’ing awesome..
    Now how long before they start Chicago style restrictions, financial burdens, and everything else they can do to not comply.. And to make sure anyone attempting to get a carry permit feels all the pain, discomfort, hassle, and frustration a useless bureaucracy can bring down on a law abiding citizen. Specially one attempting to (sadly) get permission to practice a Constitutional Right?

    Because we all know who the anti-rights people are..control seeking power hungry aspiring dictators looking to own every aspect of your life, and put blame of all their problems on those who don’t march in lockstep with them.

    • Very important that this applies to both residents and non-residents. That has enormous implications for reciprocity.

      I do not believe that “may issue” laws will hold for long when national reciprocity takes place, in whatever form it does.

      • If the Peruta case makes it all the way up from the 9th Circuit, it has the potential to kill this may issue nonsense all by itself.

        • Last I heard/thought/knew anything about Peruta, Kamala Harris, the state Attorney General, was trying to get herself added as an interested party (after running away from it until the ruling went the wrong way) so she can ask for an en banc hearing.

          It seems the sheriff was smart enough to quit while he was only a little behind, and declined to as for the en banc.

          Any PRK posters heard any more about this case?

    • but, but, Chicago style restrictions have been SOOOO effective at reducing gun violence. oh, wait, nevermind.

  7. keep suing. make the bastards pay. don’t stop.

    somewhere on this earth, bloomberg just soiled his silk undies and shannon is squealing like the pig she is.

  8. DC Elitists Status:
    [ ] NOT TOLD
    [ ] TOLD
    [x] CASH4TOLD.COM
    [x] KNIGHTS OF THE TOLD REPUBLIC
    [x] TOLDERONE
    [x] STONE TOLD STEVE AUSTIN
    [x] CURE FOR THE COMMON TOLD
    [x] BEN TOLDS
    [x] THE 40 YEAR TOLD VIRGIN
    [x] 007: TOLDENEYE
    [x] TEXAS TOLD’EM
    [x] AUSTIN POWERS IN TOLDMEMBER
    [x] PTERODACTOLD
    [x] TOLDTINO’S PIZZA ROLLS
    [x] NO COUNTRY FOR TOLD MEN
    [x] 24 CARAT TOLD
    [x] ONLY SHOOTING STARS BREAK THE TOLD
    [x] GOING ONCE… GOING TWICE… TOLD
    [x] GARY TOLDMAN
    [x] TOLD SPICE
    [x] TOLD STONE CREAMERY
    [x] BABY IT’S TOLD OUTSIDE
    [x] POKEMON TOLD AND SILVER
    [x] TOLD YELLER
    [x] EL DORADO: THE LOST CITY OF TOLD
    [x] TOLDPLAY
    [x] THE TOLD AND THE BEAUTIFUL
    [x] DANNY DEVITOLD
    [x] TOLDEN SUN
    [x] FOR WHOM THE BELL TOLDS
    [x] CAN’T TEACH A TOLD DOG NEW TRICKS
    [x] I AIN’T SAYIN SHE A TOLD DIGGER
    [x] TOLDING CHAIR
    [x] TOLDIER OF FORTUNE
    [x] THE TOLDEN COMPASS
    [x] TOLDEN AXE
    [x] TOLD MACDONALD HAD A FARM
    [x ROCKIN TO THE TOLDIES
    [x] BATTLETOLDS
    [x] YE TOLDE PUB
    [x] TOLDEN CAULFIELD
    [x] THE TOLD MAN AND THE SEA
    [x] TOLD MEDAL WINNER AT THE OLYMPICS
    [x] ALL OF THE ABOVE

  9. “…until such time as the District of Columbia adopts a licensing mechanism consistent with constitutional standards…”

    Great, but you know the bastards will be working round the clock to find a “legal” way to re-infringe.

    I drive around that festering hell hole. I suppose some day I’ll need to take the kids to see the museums etc. and visit Great Uncle in Arlington, but we will be staying in Virginia. Be damned if Maryland is going to get any of my hard earned dollars.

    • Wish I could say the same. Unfortunately I live in the sh*thole called Maryland, at least for another year, and work in the district. Wonder if that means I could start carrying in the city, but there would be the problem of getting to Metro legally…what a crappy patchwork that’d be.

  12. You watch, the progressives will stage a mass shooting in DC, right on congress’ door step, inciting country wide oppression on firearms and their owners.

  13. They might just become “may-issue” and end up being like NJ which is in fact “no-issue”.

  14. Wait… something just occurred to me. Look at the very end of the article: “Furthermore, this injunction prohibits the District from completely banning the carrying of handguns in public for self-defense by OTHERWISE QUALIFIED NON-RESIDENTS (emphasis mine) based solely on the fact that they are not residents of the District.”

    Could that line possibly be taken as a legal precedent to push for national reciprocity or perhaps even a way to crush the issue of ‘may issue’ permitting?

    • I was wondering that myself. If I as a NY permit holder go to DC, would I be an otherwise qualified non-resident, and therefore able to carry? And will this open the door to carrying in states like NJ, where no other states’ licenses are recognized? That would be neato…

    • remember that DC is a federal enclave. that is why McDonald was necessary against Chicago b/c Heller was only a federal ruling and McDonald (rest in peace Otis) was used to get the 14th amendment to apply to state. Hence, there is reciprocity into DC, but just remember, federal enclave

  16. In light of what happened in Illinois with the 7th District, the DC court really couldn’t rule in favor of the ban without blatantly defying case precedent.

    • District court rulings have no precedential value, and appeals court rulings only establish precedent in that court’s circuit.

    • It’s more in light of Heller and McDonald. Those cases are why the 7th Circuit ruled that way. The DC court followed those SCOTUS rulings, not Judge Posner’s, because what one Circuit does is irrelevant to the others.

      • This is a trial court decision, so what the other circuits do is not just relevant, but binding on the trial court in the absence of a circuit split. So it might have been influenced y Moore, or Peruta for that matter, both of which cases held that total bans are unconstitutional.

  17. Wonder what effect that will have on 18 U.S. Code § 930 – Possession of firearms and dangerous weapons in Federal facilities.

    Specifically –
    (f) Nothing in this section limits the power of a court of the United States to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building.

    • I imagine they’ll be able to label government buildings as secured locations and there for ban weapons within them. I have heard stories about how some states have declared government housing as ‘gun free zones’. Not sure how that might effect that situation, if these tales are true.

      • The public housing gun free zones has been overthrown when challenged, sorry I can’t remember where, but it violates the 2A and the ability to be safe in your home.

        • Ahh. Well that’s good to hear.

          It’s kinda sicking when you think about it. The people in government housing are the people stuck on the lowest end of society, and in many ways the ones that NEED weapons the most.

      • It is illegal to carry a gun into a courthouse in every jurisidiction I’m familiar with, state or federa. I don’t expect that to change, and for obvious reasons. In my state you can carry a firearm to the courthouse, but must check it in and secure it in a provided locker. That works just fine.

          • Our courthouses operate under orders of State Supreme Court. Cell phones & pagers are prohibited. Unless you are on duty, testifying police can’t carry even into the parking lot.
            Magistrates & summary court judges have some discretion but not much. I used to bailiff so the wife was out of earshot, for a summary judge he insisted everyone be wanded & bags searched.
            Ran across a few big sheath knives & 100 or so pistols. Why bring a .380 hidden in your crotch for a speeding ticket especially without a CCW. Out of all only 3 had permits rest no
            permit all were felons with a stolen pistol.
            Some had bodies on them, if you get offered a $900 Sig for $75,00 in a parking lot odds are need asbestos gloves.
            What was surprising was the number that insurance had paid on. They told us to melt them give’em to department or officers. They did not want them.

            When insurance pays you as soon as the check is cashed it becomes their property on recovery in most states. Only 1 ever got too the original purchaser, he never cashed the check.

    • Those building and grounds would probably be considered the “sensitive places” where SCOTUS says that gun bans are okay.

    • They may try but there isn’t any need for SCOTUS to take it. If you want to see them take it, then hope for another circuit somewhere to either find the opposite ruling or an en banc ruling that overturns this one. That’s the only way it’s going to happen at this point.

    • They will try the U.S. Court of Appeals for the District of Columbia first, probably by asking for a stay. That has a good chance of failing, what with the House of Representatives voting to defund D.C. gun law enforcement and the two prominent cases against obviously upstanding citizens in the last week. Of course, the Miller reports have also done enormous good here.

      Then they will appeal to the U.S. Court of Appeals for D.C (same as above), which may or may not be granted. It that appeal fails, they are likely to appeal it to the Supreme Court. The Court may well take it, as it is an excellent test case for the right to carry outside of the home.

      Lawyers, feel free to correct me. I am not a lawyer, nor do I play one on the Internets.

  19. For a 223 year old document, The Bill of Rights still works really well! Gotta hand it to those “founding fathers.”
    Can’t wait for the excrement to hit the rotary oscillator! Massachusetts police chiefs, you listening?

    • “founding fathers” the original OFWGs. God bless them each and every one for being as smart as they were. Gives me something to aspire to.

      • The Founders were mostly Old Lean White Guys. Okay, Washington was over 200 lbs, but he was at least 6’2″ and maybe 6’4″. Jefferson was 6’2″ + and weighed not more than 185. Madison was a little guy at 5’4″ and weighed around 125!

        Yeah, those guys were lean, mean fighting machines.

        • The short stature of folks back then was primarily due to poor nutrition in their youth.

          Damn hungry kids! 😉

  20. Put away the champagne, fellas. We all know what’s going to happen.
    A: they will appeal to SCOTUS where this will get buried for the next X years.
    B: they will implement a “may-issue” system where actually getting a permit takes months and costs tens of thousands of dollars in fees and training. IOW, nothing will actually change.

    • Peruta v San Diego might be the ticket to doing away with may issue. SCOTUS very well may decide to hear that one and it looks pretty good for gun rights based on previous 2A decisions.

      • SCOTUS can only hear it if the sheriff involved appeals the decision, and last I heard of this, he’s taken all the beating he’s going to on it.

    • A: DC may appeal, but SCOTUS will deny cert. That’s very clear after Drake v. Jerejian. SCOTUS is out of the 2A business — for a while, anyway.

      B: DC may try to finesse this court’s order, just as Chicago did. How did that work out?

      • B: DC may try to finesse this court’s order, just as Chicago did. How did that work out?

        Like it always does, the city gets away with denying rights until a court slaps them down.

        “It ain’t unconstitutional until we’ve been TOLD it’s unconstitutional.”

    • Umm, pretty sure the City would have to appeal to the D.C.Circuit first. What I find interesting is that eight months ago, Gura filed a petition for writ of mandate in the Circuit asking for an order compelling the trial court to decide the summary judgment motion–a motion that had been pending through two judges and three years. That petition as denied. Two months ago, after the court still had not acted (2 1/2 years after oral argument for the second time), Gura petitioned again, which petition was still pending when this decision was entered. Perhaps a phone call from the Court of Appeal to the judge to “encourage” him to act? The judge, by the way is a “senior status” judge, i.e. retired but still working, and is based in New York.

      • My understanding it could
        be taken to the SCOTUS if it was anywhere but D.C.
        Has to go back to the circuit under the caselaw I was able to find with a quick search.

        • When Gura asked the Circuit to command the district court to rule (one way or the other), that was in the nature of a writ of mandamus.

  22. The last sentence may set precedence for other lawsuits against a few states. Oregon’s carry law let the State Police decide if they will accept permits from other states, and they declined to allow permits from any other state. The OSP’s budget isn’t that big, and I am sure they will conclude it is not worth the money to fight a lawsuit they will inevitably lose.

    • That last sentence speaks volumes! Could be the opening national reciprocity needs! I know, it’s hard to believe, and the nay sayers will speak from experience, but pity the people in the downstairs apartment while this 60 year old 300 pound guy does a happy dance! Yee Haaaw

    • As I read the opinion, DC will not have to recognize out of state permits but it will be required to grant DC permits to qualified non-DC residents.

      • From the opinion:

        “Furthermore, this injunction prohibits the District from completely banning the carrying of handguns in public for self-defense by otherwise qualified non-residents based solely on the fact that they are not residents of the District.”

        I’m not sure I understand how you came to that conclusion. Could you clarify?

      • I agree with Ralph.

        The statement doesn’t say they have to recognize non-resident permits. Although that would be the easiest way to comply. But would mean that overnight 11 million permit holders would be allowed to carry in DC.

        So the other way to comply, issue non-resident permits.

  23. Pigs flew today. I don’t know for how long, but they flew today. Pigs FLEW today.

  24. What will happen is they will rent office space for a fed agency thus making it a federal building. The private contractor to the Marshalls Service complained about a cuff key. Just trying to get on the metro after taking the kid to the Dept. Of Commerce.

  26. Someone may correct me, but it looks like until they establish a licensing scheme DC will have “constitutional carry”. They better hurry if they want to start infringing again.

    • Not necessarily. I read the opinion to mean that people’s home-only license will enable them to carry in public until and unless DC sets up a new licensing system. People who haven’t registered a gun at all are probably still SOL.

      • I’m curious about qualified non residents.
        Say Joe the dirt farmer from Utah with a permit visits D.C. Looks like he could carry. Until D.C. Develops some kind of ruling.

      • I wonder how that plays along with Furthermore, this injunction prohibits the District from completely banning the carrying of handguns in public for self-defense by otherwise qualified non-residents based solely on the fact that they are not residents of the District. Could a non-resident of DC even legally acquire a home-only license in DC?

    • Even though she’s Federal, sorry to say, it will probably only be if people like D. Feinstein die off from old age. Glad I got out of there 15 years ago.

  29. Ok Alan Gura is a nice smart jewish kid. But is there anything preventing me from from building a grotto dedicated to him at my local Catholic church. I mean the guy is a freaking saint ! Literally in 10 years he has turned the entire American firearm regulatory system on its head. I will admit to being quite depressed with the state of affairs during the Clinton years. But at this point I just may get to see universal American gun freedom before I take the dirt nap. I want a dang Postal Stamp in his honor !

    • Not to get into the whole NRA thing, but Alan Gura fought this case and so many others without them. SAF is explicitly thanked by Mr. Gura in his blog.

      “My deepest thanks to the Second Amendment Foundation for making this victory possible and to my clients for hanging in there. Congratulations Americans, your capital is not a constitution-free zone.”

      • Sounds about right, but who was it that actually kicked Illinois’ teeth down their throat after McDonald and forced them to implement a licensing system and cease the ban on gun stores within Chicago city limits? As I recall, the NRA even walked away with that win and millions in attorney fees paid for by the people of Illinois….twice. Who keeps firearms freedom at the forefront of millions of members’ minds daily and foments widespread support which benefits and helps fund the activities of other groups such as SAF and GOA?

        There are a lot of people in the fight and enough direct, indirect, and domino effect credit to go around. Let’s not get into the the whole “Not to get into the NRA thing, but let’s get into the NRA thing…..” passive-aggressive thing, shall we?

        • I write check to both the SAF and the NRA. We need them both, and those checks represent some of the best money I’ve ever spent.

    • And thanks specifically to Mr.Gura. My comment was meant to express my thanks to all those who take action to preserve our liberty. I talk about it but it takes a special breed to fight the anti’s and win. Hence the sarcastic reference to the endeavor to persevere. https://www.youtube.com/watch?v=hRX6hSGeZs4

  31. Anyone notice how the media has ignored this? Had it been upheld, it’d be all over the MSM. But instead, crickets.

  33. This is the best part:

    IV. CONCLUSION
    Having reviewed the parties’ submissions and the applicable law, and for the above-stated reasons, the Court here by 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 As stated above, with respect to Plaintiff Raymond’s Second Amendment claim, the 5 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.

    Can you say B!TCHSLAP!!!!! 😀

    This judgement is only 19 pages. I’m a slow reader, but it only took about 15 minutes. It was a good 15 minutes. 🙂

  34. The injunction applies to a D.C., law which prohibits both the open and concealed carry of handguns. I do not know if the injunction applies to long guns as well. The injunction is against D.C. Code § 22-4504(a) to which the long gun prohibition (a-1) is a subsection. Logically, the injunction would have to apply to all of § 22-4504(a) (which includes the long gun restriction) or one could still be sentenced under § 22-4504(a)(1).

    Links to the Complaint filed in 2009 as well as copies of the D.C., Code sections are available at my website here -> http://blog.californiarighttocarry.org/?page_id=1852

  35. Right about now, there are some very pissed anti-2A polito-critters contemplating sacrificing their first born at the altar of elitism in hopes of turning this in their favor.

  36. OK, hold the champagne, and read the order.

    It’s NOT the DC Circuit — it’s a district judge in DC. Case will undoubtedly now be appealed to the DC Circuit, but it’s not — repeat not — a Court of Appeals decision.

    It is a very good opinion, but this ain’t over yet. Obama has packed the DC Circuit court with his cronies (with Harry Reid’s help), so don’t assume that it will affirm.

    • it is the district court for the district of dc. It is the trial level court. it can be appeal to DC Circuit ct of appeals. now, this is a “senior” judge, which mean he is over 70 and he sits by designation. it has as much validity as if he were a member of that court there. additionally, what is fun is he in NY. so when they challenge SAFE act up there, he may be the deciding judge. Boom. suck this shannon

    • The DC Circuit is very schizophrenic. It held for Dick Heller in Heller I, which holding was appealed to the Supreme court in our favorite case ever. Then, in Heller II, it upheld the AWB in DC’s new gun registration law (which was enacted to satisfy SCOTUS’ opinion in Heller I), but sent the case back to the District court for resolution of other issues.

      The Democrats have worked very hard to pack the DC Circuit with good little corksoaking Obamabot iceholes, so we’ll see.

  37. This is speculation but I believe a game changing event is about to occur. It will be a shooting. A mass shooting. Innocents will be killed but they won’t be children or students in a college or high school. Nor will it be a workplace massacre. It won’t be some soldier shooting up a military base or a religious zealot killing evil infidels. It will cause this country to absutely lose its collective mind too and everything that came before will be in jeopardy, even the 2nd Amendment itself…..it will be a racially motivated mass shooting; as in several whites shooting up a black enclave. Maybe a nightclub, a church, sporting event, it doesn’t matter. Imagine 2 Columine type killers that target a Trayvon Martin memorial…..America will explode. Don’t think it’s coming? Think I’m a fool to even suspect it? Please tell me so I can print and save your comment for future review, because I assure you it’s coming. Believe that.

  38. This just makes me want to go to media matters and write “Na, Na, Na,Na, Na, Na,Na, Na, Na,Na, Na, Na,Na, Na, Na,Na, Na, Na,Na, Na, Na,Na, Na, Na,Na, Na, Na,Na, Na, Na,Na, Na, Na!

    Ok. I feel better now.

  39. WOW!!! I mean WOW!! This was not at all on my event horizon. I bet Shannon, Mike, Josh and a whole Holy host of others are really pretty bummed out right about now. Heh.

  40. thank god, finally someone who is able to read the constitution and follows their oath of office to uphold it.

  41. I am shocked that a judge had the courage to let people carry guns around politicians in DC. This is awesome.

  42. Marine 03
    I have a Sikh/Presbyterian
    female Governor coming into a majority owned/operated black town on the 29th. She is dropping by to tell them that a bikefest 34years in operation has to go because gang bangers in another town 20+ miles away shot up a rival group. They posted it on facebook & it was known they were coming nothing was done. She & other politicians want the land since it is the last piece not overbuilt. I will be there as my company drew up the action plan that worked. But I’ll be wearing kevlar. A multi mixed race shooting is coming as this country slides deeper into a depression. BHO & Bloomberg need an excuse to dearm the citenzenry, to avoid a revolution. Forget the Tea Party or any other political agent. It’s coming down to us & them. John Adams predicted it 200 (appx) years ago.

      • Headed for more. I foresee
        Watts and Newark again along with DFW or Atlanta.
        Anywhere hispanic influx will be a target for Barry & Bloomer. Blacks & browns for political fodder with Caucasians blamed as instigating.

  43. So, not only do they have to issue permits to non-residents (who qualify), but they can’t ban handguns outside the home or even continue register them.

    Get shit on, Shannon!

    • I’m not so sure about the “no registration” part, but you absolutely got the rest correctly. Especially the sentiment at the end!

  44. A great step forward for DC. They are free for at least the weekend.

    No thanks due to the NRA. All glory to Mr. Gura.

  47. DC will be may issue the way NJ is may issue. You’ll get a permit as soon as you show that you have an

    “urgent necessity for self-protection, as evidenced by specific threats or previous attacks which demonstrate a special danger to the applicant’s life that cannot be avoided by means other than by issuance of a permit to carry a handgun,” N.J. Admin. Code § 13:54-2.4(d)

    Turns out only the wives and sons of Judges have such threats.

    • Pretty tough to go the NJ route the way the judge worded it. They are likely to try, though. The big deal will be if they get a stay from the appeals court…

    • It may force the carrying charge to be dropped and/or vacated but the drug charge may stand but may be reduced since it probably was enhance due to felony charge for illegally carrying. He may very well spend a few years in jail but for all I know his judge may in disgust dismiss all charges with prejudice due to a belief that all involved knowingly and willfully arrested him and charged him with an unconstitutional law.

  50. Adam Kokesh pled guilty to the crime of carrying in DC as well as a drug charge that hinged on the illegally carrying to enhance the charge. I suspect that this may affect his sentencing in September.

  51. I am a Northern Virginia resident with a concealed carry permit. Does this mean I can now openly carry a handgun in DC until they come with an official registration / permit issuing process?

  52. This is a great ruling, long overdue and with some obvious guts not seen in judicious circuits in this area. This should close the door as intended and allow lawful concealed carry by residents and properly licensed visitors. Hopefully it will take note as Maryland attempted to not issue carry permits and was overturned and ordered that the state must not make it’s own limitations on who or what circumstances are worthy of a permit. It is a 2nd AMENDMENT RIGHT.

    • All this talk of permits and properly licensed visitors… then throwing in Second Amendment right, all in caps no less, makes my head spin. Yes, it is good whenever the People can carry. However, let us not confuse rights with privileges lest the simple among us and future generations think that privilege is all that there is.

  53. Hah! Sounds like this could spell the end for “may issue.” My guess is they’ll try to subvert it, but I doubt they’ll try for a nominal “may issue” permitting scheme –at least if they have a brain in their head (who knows, they might)

    TBC

  54. Great News !!! I’d be interested to hear from you law savay guys what this might mean for states like California.

  55. Maybe, just maybe, this could be the first, small step toward federal reciprocity. I get that the District is a special case; even so, there is now precedent case law – even if it is non-binding in other circuits.

  56. If they appealed it to the Supreme Court they run the real risk of the court ruling that the open carry of all legally owned firearms can not be regulated which means nationwide open carry.

  57. “In light of Heller, McDonald, and their progeny”
    –Yes, in light of those cases, why haven’t our liberties been restored? How many years will the gun-grabbers continue to ignore these decisions? How many years will we as gun owners continue to let the gun-grabbers ignore these decisions?

    • Each of these decisions is like laying a sound foundation for the future.

      without them ,your rights would have been further trampled.

      • I doubt that the new foundation will ever be as solid as what was trampled upon to get here…

        A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

        Any foundation being laid now is all about replacing rights with privileges. Let’s see some consistent strong language in favor of the actual individual un-infringed right to keep and bear arms and I’ll change my outlook. IMHO, what’s happening these days is almost as big of a swindle as Marbury v. Madison. Firearm rulings today amount to a shell game where something the People possessed all on their own was stolen and is being doled back out in itty-bitty portions with strings attached. Frankly, it’s bullshit.

      • For example, look at this excerpt from Palmer:

        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

        Licenses and rights are not compatible. Once one is compelled to take a license to engage in an activity, the exercise of that activity becomes a privilege. Ohio and other states know this well. In Ohio, if the right to openly bear arms was not left unlicensed then the licensing of concealed carry would be considered by the Ohio Supreme Court to be an infringement of a right under the Constitution of the State of Ohio. The aforementioned excerpt contradicts itself and is really meaningless in some ways unless the courts are selling the idea that a privilege and a right are equal and interchangeable. There is a massive swindle under way and, unfortunately, most probably don’t see it or think that they will deal with it later. The problem is that this sort of language is setting a bar which won’t be undone.

  58. Before we start popping corks, let’s wait until Tuesday and see what develops. My guess is the DC Gummint will appeal to the Supremes.

  59. I might be interested in moving back to the DC/MD area if I could exercise my constitutional rights there.

    The high taxes are not the biggest impediment (although they are not trivial) – the biggest problem in MD and DC IMO is that every thug is carrying, off duty agents are carrying, and law abiding citizens are not carrying.

  60. Congrats and all to DC. We add this victory to the other victories over bans on carrying in Chicago and Cali… Why can’t we get help in New York State??? We have some of the worst laws in the nation for all things related to firearms and especially pistols. We are a “may issue” state and whether or not you can conceal and carry depends on if the judge in your county isn’t a progressive monster! Please we need help!

  61. The DC Government is hindering the citizens’ rights again. If you look at the Commonwealth of Virginia, one can carry a firearm open without a permit and concealed with a permit. There is no requirement to fulfill bogus requirements to demonstrate a need for a permit. Also, the approval for said permit will be by whom and what standards. When are the liberals going to understand that the right to keep and Bear (have about one’s person) is not a privilege, but a right that was so important to our founding fathers the amendment was second on the list?.

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