Skip to comments.Victory in Palmer v. D.C. (DC handgun ban struckdown)
Posted on 07/26/2014 2:43:14 PM PDT by Perdogg
Justice never sleeps . not even on a Saturday afternoon, when this opinion was just handed down.
In light of Heller, McDonald, and their progeny, there is no longer any basis on which this Court can conclude that the District of Columbias 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 Columbias 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.
(Excerpt) Read more at alangura.com ...
Great, as far as it goes but this notion that exercising a Constitutionally enumerated right should be subject to licensing is abhorrent and must be fought still.
It wont matter. DC cops are the dumbest bunch of cops on the planet....well not as dumb as federal ATF....but REAL dumb. I don’t care if you are legal ccw or not in DC, it will take about 3 years for the information to get down to the street-level bureaucrat.
Chief Investigative Reporter @FOX5NewsDC. Author of Emily Gets Her Gun #EmilysGun. The fight is for freedom.
Stay tuned- I'm writing a story with the details on the #Palmer decision -- and how DC will be forced to allow gun carry rights.
Does this mean NY and NJ will have to issue non-resident permits?
Excellent news, but we must keep fighting until guns are treated the same as books.
I have never been to DC. At one time I wanted to go, but no longer. I wanted to see the Vietnam wall. But I saw the traveling wall a few years back. So that was good enough. I simply stay in the south. Here, I can carry and have no problems. Simple as that.
One step at a time. Incrementalism was how these rights were lost, incrementalism is the only way to get them back.
i am sure libtard govt will appeal.
T5his judgement will ALSO allow the carrying of millions of AR-15 rifles on the Capitol Mall.
Does that mean that, say, a Florida carry permit is now good for DC?
Here is a link to the decision
Here is the VA Alert issued by VCDL
And Liberty marches on - DC becomes a part of America again - at least for now.
The Circuit Court in DC has just ruled in Palmer vs. DC that DCs ban on the carry of handguns IN PUBLIC by citizens (both residents AND non-residents) is UNCONSTITUTIONAL!
Better yet, they said DC cannot enforce their current ban AT ALL until such time as they pass a licensing scheme that allows citizens to fairly exercise their constitutional right to keep and bear arms!
Im not an attorney, and have not yet heard from our attorneys on this ruling, but it sure looks to me like I could drive to DC tonight and carry while Im there. Not just concealed, but CONSTITUTIONAL CARRY - openly OR concealed!
I am not suggesting anyone do so until we have some crystal clear clarity on this.
I imagine that DC might appeal this verdict to the Supreme Court. We should know soon enough.
Here is a link to the announcement on Arsenal Attorneys web site:
DC Circuit Court Overturns Ban on Right to Carry Firearms
Today, July 26, 2014, the Circuit Court of the District of Columbia has overturned the DC’s ban on the carrying of firearms in public. An excerpt follows and the full opinion can be downloaded from the link below this blog entry.
“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. 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.”
Here are the two code sections that have been STRUCK DOWN (first affects DC residents, second affects everyone, including Virginia residents):
§ 7-2502.02. Registration of certain firearms prohibited.
(a) A registration certificate shall not be issued for a:
(4) Pistol not validly registered to the current registrant in the District prior to September 24, 1976, except that the prohibition on registering a pistol shall not apply to:
(A) Any organization that employs at least one commissioned special police officer or other employee licensed to carry a firearm and that arms the employee with a firearm during the employee’s duty hours;
(B) A police officer who has retired from the Metropolitan Police Department;
(C) Any person who seeks to register a pistol for use in self-defense within that person’s home; or
(D) A firearms instructor, or an organization that employs a firearms instructor, for the purpose of conducting firearms training.
§ 22-4504. Carrying concealed weapons; possession of weapons during commission of crime of violence; penalty.
(a) No person shall carry within the District of Columbia either openly or concealed on or about their person, a pistol, or any deadly or dangerous weapon capable of being so concealed. Whoever violates this section shall be punished as provided in § 22-4515, except that:
(1) A person who violates this section by carrying a pistol, or any deadly or dangerous weapon, in a place other than the person’s dwelling place, place of business, or on other land possessed by the person, shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 5 years, or both; or
(2) If the violation of this section occurs after a person has been convicted in the District of Columbia of a violation of this section or of a felony, either in the District of Columbia or another jurisdiction, the person shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 10 years, or both.
Heres a link to the ruling in PDF format (thanks to Arsenal Attorneys):
A heartfelt thanks to the Second Amendment Foundation (saf.org) for bringing this suit and winning it!
Now, whos got the champagne?
“Does that mean that, say, a Florida carry permit is now good for DC?”
It means you don’t need no steenkin permit until DC passes their own carry license that is compliant with the ruling. AKA Constitutional Carry, Vermont style!
Wait before you carry though. Let the lawyers look at it for a moment. I expect the DC pukes will ask for a stay of the judgement like in MD until it goes to the appellate court. The District Court given the force of the ruling may, just may tell the DC government to forget it. We should know Ina couple of days.
looks like its about time for a million man 2nd amendment armed march on Washington !
there is no way that DC won’t appeal this to a friendly bench filled with anti-2A leftists..
When you have to ask permission and the government has the option of turning you down, it’s not a right.
Speaking of dumb ATF agents, I read a story where an ATF “weapons expert” was called in to determine if a particular was an illegally modified machine gun. The agent took the gun (a FAL) and cocked it and dry fired it a bunch of times and declared it to not be a machine gun. He must REALLY be an “expert” if he can determine if a gun is a machine gun or not by dry firing it and not disassembling it to determine if it has been modified to accept an auto sear. I can look at a FAL and tell you within a few seconds if it has an auto sear modification.
“looks like its about time for a million man 2nd amendment armed march on Washington !”
I’m just happy that people in DC will have the right to carry. I expect his will be appealed, but for a few days it’ll be interesting. The big question now is whether a stay is issued while the case winds it’s way to the appeals court.
SCOTUS in the 20th century has become essentially a ruling clique vote. Whatever the elites can accept becomes a ruling. For decades gun groups have pushed the 2nd Amendment and changed the thoughtspace on that issue. Same thing is happening as regards abortion, along with tech changes. The thoughtspace is the most important battlespace. That’s why government schools need to be ended, not mended.
Spot on and we need to bring the next generation, the Millenials, along with us. They’re the biggest generation ever. Get a majority of them on your side and you run the government for decades.
Great news. Hopefully a similar suit will result in MA being forced to end their “local authority”where the local chief decides if you get a permit to carry in public or a permit to hunt/go to the range only.
i.e Springfield residents are usually given a permit to only carry in you house or unloaded and locked to the range, while one town over they issue a “all lawful purpose” permit that let’s you carry where legal. The person with the ALP permit can carry in any city or town they want, even one next door where residents are denied that right simply because the chief dosen’t want citizens carrying firearms.
One of the most important cases of the year!
I wonder if this will void the conviction of that poor guy who had an empty shot shell in his car, or the guy going to the VA(?) who had a pistol locked in his trunk.
I feel the same way....never have been to DC and never plan to go. If they change their gun laws perhaps.....
That’s a good article. Mr. Heller is right in noting that it’s likely to be a decision that lasts for hours perhaps days until a stay is requested and most likely issued by the District court or appeals court. We can only hope that the courts go ahead and bust the DC governments chops while the case is appealed.
constitutional carry should mean NO permit needed in DC, resident or NON resident
watch the murder rate plummet!
Good post. I agree.
Great decision by the court. It will be fun watching the gun control politics twist in the wind over this one.
“...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. ...”
Can this be used as a basis for establishing reciprocity with other states’ CCW? I.e. would my Texas CCW be good in D.C.?
Hopefully this decision will also help states that are “may issue” become “shall issue” ones.
The Smithsonian museum is worth the trip. Our nation's early years are well-remembered there, and a good study of those years reveals heroic happenings ... especially those surrounding Benedict Arnold.
Regarding Arnold, he is among the best battle commanders America ever had, but Arnold wasn't popular with congressional leaders and said "politicians" screwed Arnold over financiallly ... big time.
Recommended reading: the classics ... "Arundel" and "Rabble in Arms" ... by Kenneth Roberts.
Another impressive Arnold record can be found at West Point, where his action at Lexington is remembered. It was Arnold - disobeying orders - who led the charge at Lexington that resulted in Arnold's capturing a British Army
Ruling explicitly says non-residents get the same liberty.
reread thats what i said. no permit needed for resident or NON residents
Can anybody explain why this decision came from a federal judge in New York instead of DC?
I saw nine justices sitting. Nine. Count them. Nine.
See above topic!
See above topic!
DC police chief had something good to say about this ....
“his action at Lexington is remembered. It was Arnold - disobeying orders - who led the charge at Lexington”
Uh, I think you mean “Saratoga”, even if that was really Bemis Heights and Freeman’s Farm.
Consider the fact that homocide can be justifiable.
Arnold was one of the finest patriots that America's ever had; and if he were alive today, he'd probably be a leading member of the Tea Party and he'd probably be getting screwed over like Sarah Palin is ... by today's "leading" republicans.
You're probably right ... I do get famous battles mixed up; so here's another possible major victory by Arnold. It was the battle of Valcour Bay where Arnold turned a British invasion fleet around; and ... given that, Arnold might have been remembered as the father of the American Navy.
“Hopefully this decision will also help states that are may issue become shall issue ones.”
I know up here in NY that there is an arbitrary regulation plucked from thin air, as it is not part of the statue, that says “Hunting and Target Only” on everyone’s permit.
I agree with you. That said, I’m honestly a little surprised that we have the momentum that we do have considering what a fragile majority we have on SCOTUS.
I personally don’t want to be biting my nails through a SCOTUS review of this issue.
Unless Kennedy tipped his hand amongst the other justices I don’t see either groups of four wanting to hear this case.
Regarding my post 44, the Battle of Valcour Bay story is at http://en.wikipedia.org/wiki/Battle_of_Valcour_Island
That drawing of the 9 justices is an outdated one of SCOTUS from before 0 put on his two women.
No, you can’t. A stock FAL would not have been select fire. The test the ATF was probably doing was the “hammer drop.” As follows: clear and cock the action. pull the trigger and hold it down. re-cock the action letting the bolt go home slowly. if you hear the hammer drop just as the bolt goes into battery it means the gun has been back-fit with FN-LAR internals and/or the semi-auto sear/reset has been shaved. if you have to let the trigger go and pull again to fire then it means the action is correct/semi-auto-————————————you’re welcome.