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calendar   Monday - July 28, 2014

Wait, Wait, That’s The Wrong Kind of Judicial Activism!

Palmer v. DC: Judicial Action That Furthers Freedom

Court gives DC a spanking over pistol laws, issues blanket no-permit CCW



From the court decision

The Idea
In their complaint, Plaintiffs assert two claims for relief. In their first claim, Plaintiffs
allege that, “by requiring a permit to carry a handgun in public, yet refusing to issue such
permits and refusing to allow the possession of any handgun that would be carried in public,
Defendants maintain a complete ban on the carrying of handguns in public by almost all
individuals.”

The Logic
Thus, having concluded that carrying a handgun outside
the home for self-defense comes within the meaning of “bear[ing] Arms” under the Second
Amendment, the Court must now ask whether the District of Columbia’s total ban on the carrying
of handguns within the District “infringes” that right.
This question is not difficult to answer. As the Seventh Circuit stated in Moore v.
Madigan, 702 F.3d 933 (7th Cir. 2012), “[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 a 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.”

The Decision
Having reviewed the parties’ submissions and the applicable law, and for the above-stated
reasons, the Court hereby GRANTS Plaintiffs’ motion for summary judgment and DENIES
Defendants’ cross-motion for summary judgment; and the Court further
ORDERS that Defendants, their officers, agents, servants, employees and all persons in
active concert or participation with them who receive actual notice of this Memorandum-
Decision and Order, are permanently enjoined from enforcing D.C. Code § 7-2502.02(a)(4) to
ban registration of handguns to be carried in public for self-defense by law-abiding citizens; and
the Court further
ORDERS that Defendants, their officers, agents, servants, employees, and all persons in
active concert or participation with them who receive actual notice of this Memorandum-
Decision and Order are permanently enjoined from enforcing D.C. Code § 22-4504(a)



What does all this mean??
In simple terms, Washington DC merely gave lip service to the SCOTUS decision in DC v. Heller; while it allowed for people to keep a functional handgun in their home, it demanded that they have a permit to carry a gun outside the home. Yet the city never made such a permit available. The courts, quite righteously annoyed at this derisive act of wienie wiggling in their direction, have now bitch slapped DC and are saying that their law (code) is struck down, and since no permit process was ever enacted, then (for now at least) no CCW permit is necessary. Which means any DC resident who is a legal firearms owner can now carry in public, in whatever way they want. Right in the nutz DC, right square in the nutz.

One more piece of a certain uppity regime’s “we are above the law” attitude gets shot down in flames. Watch liberal loonies start screaming “Wild West, Wild West!!” as the street crime rate plummets ... although there might be a few highly justified goblin removals first.

Alas, this was “only” a decision from the District Court, not from the very top. But near enough, so now DC can’t continue to pretend to follow the rules while thumbing its nose at them instead. Gak, that kind of audacity we can live without.


avatar

Posted by Drew458   United States  on 07/28/2014 at 04:41 PM   
Filed Under: • Guns and Gun Control •  
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