Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

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

Monday, July 28, 2014

The nation's capitol, long infamous for its strict gun control, is now one step closer to being forced to comply with the Second Amendment. On Saturday, the United States District Court for the District of Columbia issued a decision in Palmer v. District of Columbia, which challenged D.C.'s ban on carrying firearms in public for self-defense. The court's opinion prohibits D.C. officials from enforcing certain provisions of local law that effectively prevent the carrying of firearms in public for self-defense.

D.C.’s former ban on handguns, of course, resulted in the U.S. Supreme Court's decision in District of Columbia v. Heller, which in 2008 recognized an individual right under the Second Amendment to possess firearms for self-defense. Two years later, the Supreme Court made clear in McDonald v. Chicago that the right recognized in Heller protects individuals from infringement by all levels of government, including federal, state, and local.  

Heller and McDonald, however, only challenged the regulations at issue to the extent they applied to keeping firearms in the home. The Supreme Court did not offer explicit guidance on the degree to which the right to "bear" arms applied to carrying firearms in public places for defensive purposes, because that issue was not squarely before it in those cases. Nevertheless, its characterization of the Second Amendment made judicial recognition of the right to bear arms outside the home all but inevitable.

In recent years, federal appellate courts have yielded to the obvious and recognized that the right to bear arms indeed extends beyond one's front door. Notable decisions have included the NRA-backed cases of Shepard v. Madigan, which arose out of an Illinois ban on carrying in public, and Peruta v. San Diego County, which concerned a local regulation that made California's discretionary licensing system for carry an effective prohibition. These precedents featured prominently in the Palmer court's relatively short, straightforward opinion in that case.   

According to the court's opinion in Palmer, "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." 

Predictably, D.C. officials and other gun control advocates have reacted negatively to the decision and have engaged in the same sort of overheated rhetoric about the supposedly "special" dangers of firearms being present in the District as they did during the Heller case. Of course, none of their dire predictions have come to pass as a result of the Heller decision. As with Heller, nothing in the court's decision on Saturday prevents the enforcement of laws pertaining to the criminal misuse of firearms. In both cases, the challenged restrictions made no attempt to distinguish between people who wanted firearms for legitimate versus criminal purposes. Thus, the decisions benefit only those peaceable individuals who conform their behavior to the law, not violent criminals who ignore the law and exploit the law-abiding tendencies of others to further their own criminal activities.

At this time, much remains unclear about the practical effects of the decision, particularly as regards those who are not D.C. residents with D.C. registered firearms. Besides the provisions that were specifically at issue in the case, D.C. has additional regulations governing the possession of firearms, ammunition, and magazines that apparently remain unaffected and that could easily snare unwary visitors to the District. Media outlets are attributing statements concerning enforcement policy to various D.C. officials, but we have yet to see anything that has been directly and publicly released by those officials to provide the public with guidance. Finally, media reports also indicate D.C. officials are actively seeking a court order that would suspend Saturday's decision pending further appeal, in which case the challenged laws could again be enforceable.

Given these complexities, visitors to D.C. wishing to exercise their Second Amendment rights should also exercise caution, and if in doubt about the legality of any planned action, they should directly contact the D.C. Attorney General's Office or the Metropolitan Police Department for clarification on where things stand.

Whether the District will seek further review of the court's decision remains to be seen. In the meantime, however, D.C. must now join all 50 states in the union in recognizing, at least to some degree, the fundamental right to bear arms under the Second Amendment to the U.S. Constitution. We will provide further updates as more information becomes available.

TRENDING NOW
California: Governor Brown Signs Remaining Anti-Gun Bill

Sunday, October 15, 2017

California: Governor Brown Signs Remaining Anti-Gun Bill

Yesterday, Governor Brown signed Assembly Bill 424, the remaining anti-gun bill on his desk. 

Illinois: Urgent Action Needed – Numerous Anti-Gun Bills Readied for Consideration Next Week

Tuesday, October 17, 2017

Illinois: Urgent Action Needed – Numerous Anti-Gun Bills Readied for Consideration Next Week

Today, multiple gun control bills were released by the House Rules Committee and have been referred to the House Judiciary Committee for a hearing.

Bad News For “Universal” Background Check Supporters

News  

Thursday, October 19, 2017

Bad News For “Universal” Background Check Supporters

NRATV Host Cam Edwards describes a study that shows the ineffectiveness of so-called “universal” background checks

Spokane Police To Use Suppressors To Protect Hearing

News  

Monday, October 16, 2017

Spokane Police To Use Suppressors To Protect Hearing

The Spokane PD has 181 service rifles in its inventory; using suppressors on them has the potential to reduce workers compensation claims and lawsuits from bystanders.

Alleged Sexual Predator and Hollywood Mogul Harvey Weinstein Threatens NRA (Again)

News  

Friday, October 13, 2017

Alleged Sexual Predator and Hollywood Mogul Harvey Weinstein Threatens NRA (Again)

On October 5, the New York Times published an article titled, “Harvey Weinstein Paid Off Sexual Harassment Accusers for Decades.” The piece detailed allegations that the mogul used his position of influence to make unwanted ...

Gun Banners Unmasked: The Vengeful Face of the Anti-gun Agenda Emerges Once Again

News  

Second Amendment  

Friday, October 13, 2017

Gun Banners Unmasked: The Vengeful Face of the Anti-gun Agenda Emerges Once Again

What happens to the 400 million or so firearms already in private hands? How does society actually benefit from his plan? Stephens doesn’t say. He apparently just trusts that things would eventually work themselves out ...

“Death by a Thousand Cuts” – Latest Ninth Circuit decision proclaims “selling firearms is not part or parcel of the right to keep and bear arms”

Second Amendment  

Friday, October 13, 2017

“Death by a Thousand Cuts” – Latest Ninth Circuit decision proclaims “selling firearms is not part or parcel of the right to keep and bear arms”

Since the U.S. Supreme Court handed down its landmark rulings in District of Columbia v. Heller and McDonald v. Chicago, lower courts across the country have expressed their disagreement with – or downright hostility to ...

California: Governor Vetoes Dealer Storage Bill and Signs Open Carry Ban

Saturday, October 14, 2017

California: Governor Vetoes Dealer Storage Bill and Signs Open Carry Ban

Yesterday, Governor Brown took action on two of the remaining three anti-gun bills by vetoing Senate Bill 464 and signing Assembly Bill 7. 

Oregon: Governor Signs Anti-Gun Bill into Law

Thursday, August 17, 2017

Oregon: Governor Signs Anti-Gun Bill into Law

Yesterday, Governor Kate Brown signed Senate Bill 719A.  Based on a California law enacted in 2014, SB 719A will create a so-called “Extreme Risk Protection Order” (ERPO) that could be obtained by a law enforcement ...

Shall-Issue Concealed Carry Coming Soon to the Nation’s Capital!

News  

Second Amendment  

Friday, October 13, 2017

Shall-Issue Concealed Carry Coming Soon to the Nation’s Capital!

It’s important to celebrate that law-abiding Americans are now closer than they have been in nearly half a century to being able to exercise their firearms freedom in our nation’s capital. That is real progress.

MORE TRENDING +
LESS TRENDING -
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.