Thursday, October 30, 2014

D.C. will Appeal Second Amendment Court Decision

Legal Carry in D.C., for a Brief Period

In July, Judge Frederick Scullin Jr.  ruled that the District of Columbia's ban on the carry of weapons outside the home for self defense was unconstitutional under the second amendment.  For a brief few days, the second amendment was respected in the District of Columbia.   The judge granted a stay until 22 October, for the  D.C. government to pass a new law that would meet constitutional requirements.

The D.C. government passed a new law, one of the most restrictive in the nation, that Alan Gura, counsel for the plaintiff's, characterized as a "practical destruction of the right to bear arms" .  The law gives the police chief power to reject and restrict any applicant's ability to carry outside the home for self defense.    Gura challenged the new legislation, but Judge Scullin has yet to make a decision on it.

The D.C. government asked that Judge Scullin reconsider his ruling.  Judge Scullin suggested that the government attorneys had not read his original decision, a rather strong rebuff.

The D.C. government has decided to appeal the original ruling to the D.C. appeals court.   This is the court that Harry Reid recently used the "nuclear option" to pack with Obama appointees.   It shall be very interesting to see how that court rules, and to see how Judge Scullin rules on the D.C. government attempt to create a bureaucratic ban on carrying outside the home to take the place of the outright ban.

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