Saturday, July 26, 2014


Someone pinch me, I must be dreaming:
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. Therefore, the Court finds that the District of Columbia’s complete ban on the carrying of handguns in public is unconstitutional. Accordingly, the Court grants Plaintiffs’ motion for summary judgment and enjoins Defendants from enforcing the home limitations of D.C. Code § 7-2502.02(a)(4) and enforcing D.C. Code § 22-4504(a) unless and until such time as the District of Columbia adopts a licensing mechanism consistent with constitutional standards enabling people to exercise their Second Amendment right to bear arms.4 Furthermore, this injunction prohibits the District from completely banning the carrying of handguns in public for self-defense by otherwise qualified non-residents based solely on the fact that they are not residents of the District.

Alan Gura did it again.  I never thought I'd see the day that handgun carry became legal in D.C.

I do especially like the addendum of "Oh, by the way, you HAVE to recognize the rights of non-residents to carry as well." That's a lovely bit of boot-in, that is, and having lived in the DC metro area, it's a big deal. Hardly anyone who works in DC actually lives there; they live in MD or VA instead. Reducing it to "residents only" would have denied rights to -- oh, let's say 75% of the people who are in the District during the working day.

You can read the opinion in PDF form here.

Hat Tip to Joe Huffman for the link.

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