Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Court Declares District of Columbia's Ban on Bearing Arms Unconstitutional

Thursday, November 6, 2014

On July 26, the United States District Court for the District of Columbia handed down its decision in Palmer v. District of Columbia. In keeping with a string of recent right to carry victories in the federal courts, the ruling struck down D.C.’s total ban on the carrying of firearms outside the home for self-defense. 

Judge Frederick J. Scullin authored the opinion, in which he conducted a two-step analysis to determine the validity of the laws in question. First, he examined whether the Second Amendment right encompasses carrying outside the home. After answering the first question in the affirmative, he then turned to the matter of whether the challenged laws impermissibly violate that right.

In the opinion, Scullin relied heavily upon the Heller and Peruta decisions in finding that the scope of the Second Amendment right extends beyond the home. He quoted from a section of Peruta, which states, “both Heller and McDonald identi[ied] the ‘core component’ of the right as self-defense, which necessarily ‘take[s] place wherever [a] person happens to be,’ whether in a back alley or on the back deck.” Scullin added: “Based on its historical review, the Court found support for the proposition that the Second Amendment secures an individual right to carry in case of confrontation [which] means nothing if not the general right to carry a common weapon outside the home for self-defense.”

In determining whether D.C.’s carry ban violates the Second Amendment right, Scullin relied on Moore v. Madigan, which stated, “[a] blanket prohibition on carrying gun[s] in public prevents a person from defending himself anywhere except inside his home; and so substantial a curtailment of the right of armed self-defense requires greater showing of justification than merely that the public might benefit on balance from such a curtailment, though there is no proof that it would.” In concluding his analysis, Scullin added, “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.”

For a brief period, D.C.’s Metropolitan Police Department, acting on the advice of the D.C. Attorney General’s Office, had suspended enforcement of the laws enjoined by the court’s opinion. Pictures emerged of individuals who took advantage of this historic opportunity to exercise their right publicly to carry handguns in D.C.

By Tuesday, July 29, however, the court had issued an order staying the effect of its decision for 90 days to allow D.C. to revisit its laws and to allow the plaintiffs to file arguments against a longer stay pending appeal. The court’s order effectively reinstated the status quo that existed before its ruling, meaning that D.C.’s laws against carrying firearms in public could continue to be enforced. 

On August 18, D.C. officials requested additional time to react to the decision, asking the court to “grant a stay pending appeal here or, in the alternative, for 180 days … for District officials to craft responsive legislation.”  The court granted a more limited stay and then on October 18 rejected the District’s motion to reconsider the case.  

The District nevertheless has continued to drag its feet and has grudgingly enacted a highly-restrictive “may-issue” concealed carry licensing regime.  That system is only temporary, but the D.C. Council is already moving to enact a more permanent (and equally strict) law. Among other things, the District requires that applicants show an employment-based need to carry or “a special need for self-protection distinguishable from the general community ….” In response, the plaintiffs in the case have asked the court to enjoin any further enforcement of the ban on carrying a handgun because the “may-issue” system enacted by the council is inconsistent with the court’s prior holding that the Second Amendment protects a general right to carry firearms outside the home for self-defense.  

All the while, the District has continued to insist that the court erred in finding that the Second Amendment protects a right to carry a firearm in public for self-defense, or if any such right exists, that the District has sufficient justification for its infringement. In the latter regard, the District emphasizes what it calls D.C.’s unique character as the seat of the nation’s government. 

Media reports as of late October indicated that D.C. officials would appeal Judge Scullin’s ruling. If that proves to be true, the jurisdiction that prompted the Supreme Court to recognize the Second Amendment’s individual right might just set the stage for the high court to rule favorably again on the scope of that right. Gun controllers are slow learners, but their stubbornness has been instrumental in moving the Second Amendment needle in the right direction.    

TRENDING NOW
Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

Different Election, Same Billionaire, Same Gun Control Agenda

News  

Monday, October 26, 2026

Different Election, Same Billionaire, Same Gun Control Agenda

Another election, same former New York City mayor Michael Bloomberg working to shape the nation’s gun laws. For years, NRA has exposed Bloomberg’s relentless efforts to export New York style gun restrictions to the rest ...

San Francisco Law Professor Purports to Channel Scalia on AR-15s; Ignores Scalia

News  

Monday, October 26, 2026

San Francisco Law Professor Purports to Channel Scalia on AR-15s; Ignores Scalia

Some arguments succeed by being true. Some attempt to succeed by confusing the debate and substituting misdirection for clarity. And some attempt to succeed merely by dogged persistence, refusing to die or go away, no ...

New York:  Gov. Hochul Signs More Gun Control This Week

Thursday, October 22, 2026

New York: Gov. Hochul Signs More Gun Control This Week

Gov. Kathy Hochul remains the scariest thing in Albany for law-abiding gun owners.  On Wednesday, October 21 the anti-gun governor of the Empire State signed a pair of gun bills into law.  We've knocked on ...

Fifth Circuit Rules Federal Switchblade Knife Restrictions Violate the Second Amendment

Friday, October 23, 2026

Fifth Circuit Rules Federal Switchblade Knife Restrictions Violate the Second Amendment

The U.S. Court of Appeals for the Fifth Circuit has ruled that the federal Switchblade Act’s restrictions on the interstate commerce of switchblade knives violate the Second Amendment.

Location, Location, Location: Study Finds Crime Concentration Correlates with Politics

News  

Monday, October 26, 2026

Location, Location, Location: Study Finds Crime Concentration Correlates with Politics

It’s well established that certain offenders remain disproportionately responsible for violent crime. A 2001 report on such “chronic offenders” in Minnesota concluded that over a four-year period, just five percent of offenders were responsible for ...

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

News  

Monday, October 12, 2026

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

As we announced separately this week, ATF has determined that it will use its executive discretion to uniformly suspend enforcement of large portions of the National Firearms Act (NFA).

District Court Declines to Enter Agreement to Invalidate Florida’s Waiting Period Law in NRA Case and Invites Amici Participation

Thursday, October 29, 2026

District Court Declines to Enter Agreement to Invalidate Florida’s Waiting Period Law in NRA Case and Invites Amici Participation

Yesterday, U.S. District Judge Steven D. Merryday denied the parties’ joint motion for entry of judgment in the National Rifle Association’s challenge to Florida’s firearm waiting period law. The case, Dunn v. Glass, remains pending ...

“I’m sorry, Dave, I’m afraid I can’t do that” – ChatGPT is Now “Completely Anti-gun”

News  

Monday, October 19, 2026

“I’m sorry, Dave, I’m afraid I can’t do that” – ChatGPT is Now “Completely Anti-gun”

More than half a century ago, Stanley Kubrick’s film, 2001: A Space Odyssey, introduced the world to HAL-9000, a sentient “supercomputer” with advanced artificial intelligence (AI) processing. When HAL, responsible for running the spacecraft, decides ...

NRA Files Amicus Brief Urging Fifth Circuit to Adopt a Test in Disarmament Cases that Ensures Peaceable Citizens Cannot Be Disarmed

Wednesday, October 21, 2026

NRA Files Amicus Brief Urging Fifth Circuit to Adopt a Test in Disarmament Cases that Ensures Peaceable Citizens Cannot Be Disarmed

The National Rifle Association and Second Amendment Foundation filed an amicus brief in United States v. Cordova, a case before the en banc Fifth Circuit Court of Appeals involving a challenge to the federal lifetime ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.