Big Win for 2nd Amendment in D.C. **AGAIN**

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Yesterday was a very good day for supporters of the 2nd Amendment and, conversely, a very, very bad day for Mike Bloomberg and the Democratic gun grabbers.

For a little background, guns were basically outlawed in Washington D.C. by the progressive politicians who run the place.  Then, along came a fellow named Heller who sued the city for the right to keep a handgun in his home.  That case went to SCOTUS and Heller won, effectively giving the citizens of the District of Columbia to once again legally own a firearm.

Yesterday afternoon, federal judge Frederick Scullin Jr. ruled that the District’s laws banning carrying a firearm in public were unconstitutional.

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 … 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.

The District still has the right, as do other governmental entities, to require a license to carry, but as the judge directs in his decision, the licensing mechanism must be consistent with constitutional standards.  In other words, they can’t issue blanket regulations that are not achievable for a permit to carry.

We find the most interesting part of this decision the section that allows citizens from other jurisdictions to carry a weapon in D.C.  That has the potential to raise hell in jurisdictions like New York City.  Current law in NYC outlaws possession of firearms, period.  If you happen to be on an airplane that is diverted into JFK or La Guardia because of mechanical problems or weather, and you have a legally declared, stored, and checked firearm in the cargo hold of the aircraft, TSA will turn the gun over to the NYC police who will promptly arrest you on felony charges, confiscate and destroy your gun, and put you in jail.

The ruling is certain to be appealed, and should SCOTUS decide to hear the case, we’re confident it will be upheld, given judge Scullin’s reliance on two recent decision of this Supreme Court, Heller (the previous D.C. decision), and McDonald (the decision overturning the gun ban in Chicago).

Now we’ll see what the politicians in D.C. will do.  We know what Bloomberg & Co. will do, and the screaming has already started.



About Author

Michael Becker is a long time activist and a businessman. He's been involved in the pro-life movement since 1976 and has been counseling addicts and ministering to prison inmates since 1980. Becker is a Curmudgeon. He has decades of experience as an operations executive in turnaround situations and in mortgage banking. He blogs regularly at The Right Curmudgeon, The Minority Report, Wizbang, Unified Patriots and Joe for America. He lives in Phoenix and is almost always armed.

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