Sunday, October 19, 2014

D.C. Second Amendment Case Moves Forward

In July of 2014, the ban on carrying guns outside the home in the District of Columbia was struck down as violating the second amendment of the Constitution.   The judge granted a stay to the District government. 

In September, the District government passed emergency legislation that it claimed would meet Judge Scullin's requirements for a constitutional law.   The law contained numerous absurd restrictions.   On 2 October, Alan Gura filed a motion asking that the court block the implementation of the emergency law.  From
In a blistering court filing, attorney Alan Gura argues that the Council's bill — which limits concealed carry permits to residents who can prove they face a personal threat and restricts where they can travel with their handguns — does not meet the requirements of the late-July ruling in which Judge Frederick Scullin said the city's ban on carrying guns was unconstitutional. 

"The Court's order specifically instructed, in accordance with Supreme Court precedent, that the right to carry handguns is rooted in a constitutional self-defense interest. Yet [D.C. officials] have replaced their 'no permits are available' handgun carry regime with 'no permits are available merely for self-defense, and not unless we think, in our complete discretion, that it's a good idea,'" he wrote.
Judge Scullin heard the District governments arguments that he reconsider his ruling on October 17.    He denied that request.  From
A District lawyer argued, in part, that the second amendment just guarantees the right to own a gun, not to carry that gun in public. Ultimately, according to the Legal Times, the judge called the District's arguments "somewhat disingenuous" and questioned whether the lawyers had thoroughly read through his decision.
A response to Alan Gura's motion is expected next week.   The stay originally granted by Judge Scullin ends on 22 October.   If Judge Scullin rules that the emergency legislation is unconstitutional, the District of Columbia may once again enjoy the rights protected by the second amendment.

Alan Gura

Courts tend to move deliberately, so it is possible that Judge Scullin will grant more time for the D.C. government to present their case.  He has already granted them 90 days. 

His original ruling was very clear, however, and the emergency legislation does not meet his requirements, as I read them.   The next few days could be interesting.

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

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