Explore The NRA Universe Of Websites

APPEARS IN News

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

Monday, July 28, 2014

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

The nation's capital, long infamous for its strict gun control, is now one step closer to being forced to comply with the Second Amendment. On Saturday, July 26, 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 decision prohibits D.C. officials from enforcing certain provisions of local law that interfere with the constitutional right to bear arms outside the home.

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. 

For a brief period of time, the MPD, 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 opportunity to exercise their right publicly to carry firearms in D.C.

By Monday, however, District officials had petitioned the court to withhold the effect of its decision pending appeal, or in the alternative, for 180 days to allow the D.C. Council to enact new regulations to comply with the opinion. The plaintiffs agreed to a more limited delay of 90 days, and on Tuesday the court 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 Tuesday order effectively reinstates the status quo that existed before its Saturday ruling, meaning that D.C.’s laws against carrying firearms in public can continue to be enforced.

Whether the District will seek further review of the court's decision remains to be seen. District officials have 30 days in which to appeal the case.  We will provide further updates as more information becomes available.

TRENDING NOW
Illinois: Committee Passes Bill to Allow Local Infringement of Second Amendment

Wednesday, April 18, 2018

Illinois: Committee Passes Bill to Allow Local Infringement of Second Amendment

The Illinois state Senate could vote on legislation to allow localities to infringe upon Second Amendment rights as early as today.  Senate Bill 2314 was moved to third reading after it had passed the Senate ...

UK Officials Continue to Push Knife/Gun/Cleaning Products Control

News  

Friday, April 13, 2018

UK Officials Continue to Push Knife/Gun/Cleaning Products Control

The UK’s descent into absurdity continued this week as officials announced new efforts to crack down on knives and other potentially dangerous objects. The renewed interest in banning sharp objects stems from a recent spate of killings in London. ...

Unfriendly Skies: Delta CEO Claims Bashing NRA Members is Good Business

News  

Friday, April 13, 2018

Unfriendly Skies: Delta CEO Claims Bashing NRA Members is Good Business

In the wake of the Parkland, Florida, murders, there has been an unusual amount of anti-gun and anti-NRA commentary by private corporations with plenty of problems of their own.   In February, Delta announced it was ending a ...

Pennsylvania: Semi-Auto Ban Legislation to be Introduced

Wednesday, February 28, 2018

Pennsylvania: Semi-Auto Ban Legislation to be Introduced

This week, Senator Wayne Fontana (D-Allegheny) started circulating a co-sponsorship memorandum soliciting members of the Pennsylvania state Senate to support a proposal to ban commonly owned semi-automatic firearms and standard capacity magazines in Pennsylvania.  Please ...

Illinois: Committees to Hear Gun Control

Tuesday, April 17, 2018

Illinois: Committees to Hear Gun Control

Today, the Illinois state House Judiciary-Criminal Committee will be considering a floor amendment that was added to House Bill 1470 to ration the exercise of Second Amendment rights. In addition, the state Senate Judiciary Committee will consider bills that would ...

The Opposite of Data-Driven Public Policy

News  

Friday, April 13, 2018

The Opposite of Data-Driven Public Policy

The Governor of Vermont, Phil Scott, signed gun control measures earlier this week – adding restrictive new laws including age restrictions on firearms purchases, bans on “high-capacity” (read: standard capacity) magazines, bans on bump stocks, and ...

Bailed-out Banks Launch Coordinated Attack on Law-abiding Gun Owners

News  

Friday, April 13, 2018

Bailed-out Banks Launch Coordinated Attack on Law-abiding Gun Owners

There is growing evidence that some of America’s financial elite want to create a world in which America’s public policy decisions emanate from corporate boardrooms in Manhattan rather than from citizens and their elected officials.  ...

Trial Judge Mocks the Late Justice Scalia While Upholding Expansive Gun Ban

Second Amendment  

News  

Friday, April 13, 2018

Trial Judge Mocks the Late Justice Scalia While Upholding Expansive Gun Ban

Gun owners have seen many outrageous instances of courts dismissing the importance, if not the very existence, of the individual right to keep and bear arms. But Judge William G. Young of the U.S. District ...

New Jersey: Senate Committee Approves Gun Control Bills

Wednesday, April 18, 2018

New Jersey: Senate Committee Approves Gun Control Bills

On Monday, the Senate Law & Public Safety Committee approved several gun control bills during a hearing that stretched over five hours. 

Washington: Seattle to Consider Legislation to Make Firearms Unavailable for Self-Defense

Tuesday, March 27, 2018

Washington: Seattle to Consider Legislation to Make Firearms Unavailable for Self-Defense

Seattle Mayor Jenny Durkan and Councilmember M. Lorena González have announced their intention to introduce legislation to impose a one-size-fits-all method of storing firearms as well as punishing victims of theft by requiring reporting of lost or ...

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.