D.C. Second Amendment Case Moves Forward

By Dean Weingarten

First Legal Open Carry in D.C. in 70 Years
First Legal Open Carry in D.C. in 70 Years
Dean Weingarten
Dean Weingarten

Arizona – -(Ammoland.com)- 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 2014, Alan Gura filed a motion asking that the court block the implementation of the emergency law.

From wamu.org:

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 washingtoncitypaper.com:

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 2014.   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
Alan Gura

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.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.

c2014 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch

About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

0 0 votes
Article Rating
1 Comment
Inline Feedbacks
View all comments
Jerry Morris

In reading the 2nd Amendment, you will find that it states, “the right to keep and BEAR arms, shall not be infringed”. In this case “bear” means to carry arms.
You’ll also notice that there are NO qualifiers or exceptions in the 2nd Amendment, as to who can or can not “keep and bear Arms”.
The 2nd Amendment, being part of the US Constitution, is the “supreme Law of the Land” (Article VI, paragraph 2 – the “Supremacy Claus”).
DC needs to suck it up.