Skip to comments.D.C. seeks stay of gun ruling
Posted on 07/28/2014 7:23:57 PM PDT by 2ndDivisionVet
A federal judge's ruling barring enforcement of a key District of Columbia gun law seems likely to be put on hold, after lawyers for the district asked that the decision be delayed and the plaintiffs in the case signaled they're amenable to a 90-day delay.
In a filing Monday afternoon in U.S. District Court in Washington, attorneys for the city said granting the delay will allow the city to preserve public safety while it pursues an appeal and considers possible responses to Saturday's decision by Judge Frederick Scullin, who found unconstitutional the district's ban on possession of handguns by individuals licensed in other states.
The city's motion suggests that the judge's order could make it more difficult for law enforcement to guard against a variety of threats, including presidential assassinations.
"The public interest is not served by rushed legislation on a foundational public-safety issue or by allowing any and all 'dangerous or deadly' concealable weapons to be carried in public, without reasonable restrictions being imposed, during the pendency of any appeal and/or new legislation," the D.C. motion (posted here) states.
Attorneys for the district argue that the capital city has special security concerns not present in other localities and that Scullin's order may have been unintentionally overbroad in blocking all enforcement of the District's weapon possession law, including cases involving weapons other than handguns. The motion says defense attorneys are already requesting dismissals in such cases.
"The unique situation of the Districthome as it is to the center of federal government (including a history in this city of attempted assassination by firearm of sitting presidents), numerous, historically-important sites, and thousands of visiting foreign officials and dignitaries every year (some of whom receive death threats)requires a careful analysis of the rights granted under the Second Amendment that is distinctly applicable to this unique jurisdiction," the D.C motion says.
Lawyers for the city say the gun rights activists who brought the case "do not oppose an immediate stay for 90 days." If Scullin won't grant a stay, the city could and likely will ask the U.S. Court of Appeals for the D.C. Circuit to put the ruling on hold.
D.C. Police Chief Cathy Lanier ordered police Sunday to comply with the judge's order by not arresting people for carrying guns that are registered in other states.
"Under the current ruling, possession of a firearm outside of the home or business in and of itself MAY NOT be criminal. For example, a District resident that has a legally registered firearm may legally possess it outside of the home or business. However, District residents are still PROHIBITED from possessing a firearm that is not legally registered in the District. District law requires proof of registration," Lanier wrote in updated order Monday.
The new order from the police chief appears to be somewhat at odds with the legal motion as regards the scope of the judge's order. She says it is limited to handguns. "This ruling only applies to handguns and does not apply to long guns or shot guns which are still illegal to carry in the District," she wrote.
Scullin is a senior judge based in Syracuse, N.Y. assigned to the D.C. gun-rights lawsuit as part of a program that allows courts with heavy dockets to farm out some of their cases to senior judges in other federal districts.
When the commies win one, everything has to happen right now. When Americans win one, it’s beat around the bush tap dance time. This is BS.
The district knows what's a coming some day soon. While they are in session that is.
they will get a stay. and they will appeal. and they will win the appeal. the roberts court will decline to hear it and the appeal win by dc will stand.
What is it they say about rights delayed = rights denied?
It’s just hilarious to me, that when the tools of the Left get used by others, it’s just so unfair.
It’s funny as can be to see the Left dealt this blow, by it’s favorite government agency.
u nailed it!
Only 4 assassinations or attempts were done in DC.
Where else are those wierdos going to do them...Haystack, Iowa?
No! It was the RULING that will preserve public safety.
You are correct, sir. Hogwash.
Preserve public safety?
They are actually further postponing public safety.
I think the leftists are deathly afraid that once this is enacted, crime will drop so drastically in the affected areas that it will be difficult to discount the benefit.
Right. To even speak of “public safety” in Washington D.C., as if it currently exists, is laughable.
Because the important people fear the unimportant people, it only stands to reason to limit the ability of unimportant people to their own self defense.
We don't need important people.
i think so, unfortunately.
Out of 20 or so attempts or assassinations, 4 in DC and the rest elsewhere. So worrying about handguns in DC is irrelevant.