Jeffrey A. Setaro

Political & Cultural Commentary from a Constitutional Conservative.

Federal District Court Strikes Down Nation’s Last Explicit Ban on Carrying a Gun in Public

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Roughly a year after the Supreme Court’s decision in Dist. of Columbia v. Heller ended Washington D.C.’s defacto gun ban in 2008, Tom Palmer, George Lyon, Ed Raymond & Amy McVey filed a lawsuit along with the Second Amendment Foundation in U.S. District Court claiming the District’s total ban on carrying firearms — open or concealed — violated their Second Amendment rights.

The case was originally assigned to Judge Henry Kennedy who heard oral arguments in Jan. 2010 but he retired without issuing a ruling. Supreme Court Chief Justice John Roberts reassigned the case to Judge Frederick Scullin of New York in July 2011 and he heard oral arguments in Oct. 2012.

It’s been a long time coming but Judge Scullin’s decision in Palmer v. D.C. is an unequivocal win for the second amendment and gun owners:

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 § 7-2502.02(a)(4) and enforcing D.C. Code § 22-4504(a) 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.

Judge Scullin’s decision is effective immediately — the government will undoubtedly ask for a stay on Monday, while they prepare an appeal so I wouldn’t break out the champagne or venture outside my home with a firearm just yet but this a is step in the right direction.

Update: The DC Attorney General’s office has released a statement saying they will ask for a stay of a judge Scullin’s ruling to prevent citizens from carrying handguns in public, while they decide if they are going to appeal the decision. In the mean time Fox 5 DC chief investigative reporter Emily Miller, is reporting Washington D.C. police chief Cathy Lanier has informed her officers not to arrest anyone who can legally carry a gun in DC or any state:

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