Huge Second Amendment Win in D.C. - Updated 7/29/14

[Dennis The B]

Usually, these cases are handed down during the week, but it looks like the U.S. District judge decided to work O.T. This ruling makes carry outside the home in D.C. constitutional. It also looks as though D.C. will have to recognize concealed carry permits from outside.

Seems like the good guys won another round.

Victory in Palmer v. D.C. | Reality-Based Litigation

It's just been reported that the presiding judge has granted a 90-day stay of his order, pending an appeal by D.C.'s lawyers.

Federal judge grants 90-day stay in D.C. gun case - Washington Times

 

[robertrwalsh]

This is a HUGE big deal. Looks like they actually found a judge in D C who has at one time read the constitution and isn't suffering from cranial rectosis.

 

[CoMF]

Beat me to it. This is very good news, indeed, and sets a very welcome precedent. Here's hoping that the remaining anti-carry enclaves follow suit one by one.

 

[Hodgin]

Good News!

 

[hoc9sw]

A very correct interpretation, as I see it.

 

[ladder13]

This is a major victory in the never ending battle with the anti's. Great news for the people of DC, and the USA.
Let's see if there's any coverage on the MSM.

 

[Hillbilly77]

One more for the Good Guys.

 

[Biginge]

All is not lost. A little common Constitutional sense can cover a lot of ground.

 

[G-Mac]

Since this is a ruling from a Federal Judge, would it also apply to New York City?

 

[nawilson]

That is a great victory for the Republic and for the liberty of men everywhere.

 

[HeyJoe]

Since this is a ruling from a Federal Judge, would it also apply to New York City?

no its a different federal judicial district

 

[ladder13]

Since this is a ruling from a Federal Judge, would it also apply to New York City?

I believe it's only applicable to that Circuit, or will be when the full Circuit court chimes in when DC appeals.

HeyJoe beat me to it.

 

[ladder13]

Since this is a ruling from a Federal Judge, would it also apply to New York City?

Did you notice the good judge is out of The 'Cuse. I wonder if he wears an orange robe.

 

[G-Mac]

Did you notice the good judge is out of The 'Cuse. I wonder if he wears an orange robe.

Yes, I did notice that as soon as I read the article. I've heard the name many times.

 

[johngalt]

I saw an article that states that the judge wrote that DC is prohibited from enforcing the ban unless/until they pass a concealed carry law.

Does this mean DC is now Constitutional carry?

Wonder if they will learn from the people of Illinois, who traded their shiny jewel that was given to them by the 7th Circuit for a dirty rock.

 

[federali]

Great News

The question arises that people from outside of DC should theoretically have the same constitutional rights as DC residents when in DC. This could eventually make concealed carry constitutional in other parts of the country.

The downside is that if another federal circuit issues a contradictory opinion on essentially the same set of circumstances, the matter must go to the Supreme Court.

There is also the matter of Washington DC filing an appeal but I'm not sure how that would work in DC.

 

[Dennis The B]

Did you notice that the injunction, by its own terms, only applies to those who have actual knowledge of the injunction? That is a pretty big loophole!

Since I do not trust DC to actually follow the Constitution based upon its history, I now expect anti-gun DC to refuse to inform any of its police, prosecutors, judges, etc. of this injunction, and to do their best to ensure that nobody finds out on his/her own about the injection, so that nobody subject to the injunction has any actual knowledge of the fact of the injunction - and therefore is not bound by the injunction.

Federal judges have little patience for those who attempt to ignore their orders. The McDonald case, when the writ was issued, gave very little time for the state to act.

I don't think I'd want to be the official who tried to hide the weeny here. And, today isn't like it was fifty years ago. The internet does move the word rather quickly.

 

[jackvs1]

The clowns in DC have voiced their intention to appeal which will stay the current law. The decision yesterday took three years, lets see how long the appeal takes. Here is the link to their intentions.

D.C. attorney general plans to seek stay of ruling overturning District?s handgun ban - The Washington Post

 

[ladder13]

"The D.C. attorney general’s office said Sunday that it will seek a stay of a judge’s ruling that overturned the District’s principal gun control law, in order to keep guns off the streets ........"

HAH, the guns are already on the streets.

 

[Muss Muggins]

Since this is a ruling from a Federal Judge, would it also apply to New York City?

Different Circuits. Certainly the 2nd Circuit could cite it, but Supreme Court would have to resolve a Circuit split.