A federal judge has declared that one of the District’s principal gun control laws is unconstitutional and ordered that its enforcement be halted.
The ruling by Judge Frederick J. Scullin Jr., made public Saturday, orders the city to end its prohibition against carrying a pistol in public.
It was not clear Saturday night what immediate effect the order would have.
The order was addressed to the District of Columbia and Police Chief Cathy Lanier, as well as their employees and officers and others “who receive actual notice” of the ruling. But it could not be determined Saturday night who had received notice. Also unclear was whether the city would appeal and what effect that would have on the enforcement ban.
Legal sources said Saturday night that in general all parties to a case must be duly informed of a ruling and given the opportunity to appeal before it takes effect.
Based on the scant information in the article, it looks like the judge made the correct decision. A blanket prohibition on carrying handguns would seem to be clearly unconstitutional.
The judge’s decision should be stayed in order to give DC time to appeal, to draft a conforming licensing scheme, or both.
I absolutely favor a policy of unfettered open carry. But as much as I favor the result, I disfavor even more an unelected judge imposing a change of such substance without giving the legislature the opportunity to advance corrections short of total open carry that are constitutional and preserve the people’s desire to control the presence of firearms.
This decision also has implications for states like Illinois that don’t have reciprocity agreements or allow non-residents to apply for concealed carry licenses.
Considering you can’t throw a cat around here without hitting federal property, how much of a difference will this ruling make? The Feds aren’t going to change their minds on carrying on federal property.
Anyone who is not under some disability, such as being a convicted felon, yes. That’s the scheme in twenty states, including my home state of Virginia.
For those that may be unaware of the reference, “with all deliberate speed,” was the phrase used by the U.S. Supreme COurt in Brown v. Board of Education when it ordered racial integration of schools.
To answer your question: yes, and given that the district court took two years to issue this ruling, I hope that the instruction is honored more full in the future.
But even though the court’s decision is a good one on the merits, they now have to give the legislature time to pass a new, and compliant, scheme.
Uh, I think Illinois allows non-residents to get conceal-carry permits. That’s what this seems to say. It’s a fairly rigorous requirement compared to many states, but they appear to be available.