Saturday, July 26, 2014

Annother 2nd Amend. VICTORY!

Another part of D.C.'s draconian laws (no mechanism for licensed carry outside the home)  is shot down by the U.S. District Court:

"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."

Congrats again to Alan Gura!  Another victory over left-wing authoritarianism.  Of course, this will only motivate them more to get an anti-gun Justice on the Supreme Court to overrule Heller and McDonald.  "Eternal vigilance is the price of liberty."

This is a major victory as it recognizes that the word "bear" is not limited to within one's home.  Many courts have been to ideologically indoctrinated and reject this common-sense and Amendment-required result.  The opinion is here.  D.C. will undoubtedly appeal land a decision on this issue from the Supreme Court is long overdue.

A prior decision recognizing Second Amendment rights outside the home is another Gura victory in Moore v. Madigan (7th Cir., 2012).  I'm adding Alan Gura to my "Hall of  Fame."

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