Wednesday, July 30, 2014

Judge Scullin Grants 90 day Stay to D.C. on Carry in the District



Judge Scullin has granted a 90 day temporary stay on enforcement of the injunction placed on the District in the Palmer v. D.C. case.   For a brief period, people were able to legally carry handguns in the District of Columbia.   Except for government agents, this has not been the case for 37 years for concealed carry, and 70 years for open carry.

The District council is on recess, and will not reconvene until 15 September, 2014.    That is 48 days.  That leaves 42 days, or six weeks to pass the necessary legislation.    In the meantime, legislation authored by Representative Massie, which would cut funding for enforcement of the D.C. gun laws, has passed the house.

This the government of the District of Columbia is under double pressure to conform their law to the Constitution.  If they do not do so, he is under no obligation to renew the stay.

I would have preferred that the injunction remain in place.  We would quickly determine if the D.C. crime rate would rise or fall.   All previous evidence is that it would fall.

Now we wait until the 22th of October.   No extensions should be given.   The people of the nation have had their rights suppressed for far too long already.

In reality, there is no need for new legislation.   The registration process in the District is far more burdensome than obtaining a permit to carry concealed in nearly all the other states.    The rules that the City established, published by Chief Lanier under the injunction, would work perfectly well.   The District could then  work to reduce the ridiculous burdens imposed on its residents by the registration scheme.

Update: I have read the stay.  It explicitly grants the stay in order for the District ot craft legislation, not for an appeal.   Both sides will submit further arguements.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
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