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
ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

Nevada Supreme Court Upholds “Ghost Gun” Regulations

Monday, April 22, 2024

Nevada Supreme Court Upholds “Ghost Gun” Regulations

The Supreme Court of Nevada upheld Nevada’s regulations on so-called “ghost guns” in Sisolak v. Polymer80, holding that the statutes are not unconstitutionally vague.

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

Monday, April 22, 2024

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

On Friday April 19th, Governor Kim Reynolds signed House File 2586 and House File 2464 into law. The NRA would like to thank Governor Reynolds and the supporters in the Iowa legislature for their continued commitment to ...

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

News  

Monday, April 15, 2024

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

For quite some time, we’ve talked about Joe Biden and his gift for gaffes. Whether it is him losing battles with his teleprompter, his train of thought spectacularly derailing, forgetting which politicians have passed away, or simply mumbling ...

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.