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Federal Judge Rules DC Ban On Handguns Unconstitutional

Federal Judge Rules DC Ban On Handguns Unconstitutional

Court ordered city to allow residents and non residents carry handguns outside their homes..

WASHINGTON Sat Jul 26, 2014 8:05pm EDT

(Reuters) - A federal judge on Saturday overturned Washington D.C.'s ban on carrying handguns outside the home, saying it was unconstitutional.

"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," Judge Frederick Scullin said in an opinion.

Read more: http://www.reuters.com/article/2014/07/27/us-usa-guns-dc-idU...



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As I recall this didn't really come down to 2A

This didn't come down to a test of 2A and what's a militia or whatever, the argument came down to the state (which isn't one) trying this sort of lame approach where you can have a gun but it has to be unloaded, in some cases partially disassembled, etc. but they tried to say you still were able to defend yourself and that the state had not fundamentally deprived anyone of the right to self defense. Cause you still had your gun. The courts found this to be stupid (in legal terms) and held that you can only use a gun to defend yourself if it's assembled and loaded.

So the courts basically upheld common law, the predecessor to the constitution. In a curious way, this leaves 2A untouched. And it leaves the irony of Kokesh's arrest and subsequent judgement standing in perpetuity.

Be brave, be brave, the Myan pilot needs no aeroplane.

The issue of weather

it could be mandated that a person kept their gun unloaded / disassembled or locked up was directly addressed in Heller V. D.C. and then Incorporated with McDonald.

Ron Swanson

That's it we're done.

Stop resisting. Slavery ain't so bad.

Pandacentricism will be our downfall.

Adam Kokesh

So what about Kokesh? His was not a handgun, but can they still punish him for this?

It appears that he can ask the courts to vacate his conviction

On his open carry in DC, however I'm not sure about the other charges, if they can be vacated as well because they originally started from DC's unconstitutional law. I'm thinking probably so because there was no merit in the arrest because the orginal law was illegal and unconstitutional therefore all the other actions performed by law enforcement and prosecution after the orginal cause fall like dominos.

I'm sure, he'd still be a felon

and permanently deprived of numerous rights. Just like he is now.

Be brave, be brave, the Myan pilot needs no aeroplane.

Dictionaries are cheap

Looks like we have at least one Judge in this Country that owns a Dictionary and actually read it :

infringement :
1 : the act of infringing : VIOLATION
2 : an encroachment or trespass on a right or privilege

It's just a simple definition of a word, not Rocket Science.

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

Gilligan's picture

Open carry? Concealed carry?

Whatever it is, awesome!

The big challenge now is educating the Cops about this.

[edit]
Just found a more detailed article, with a link to the actual decision:

http://www.foxnews.com/politics/2014/07/26/emily-miller-fede...

Google is government.

ChristianAnarchist's picture

The courts are finally

The courts are finally catching up with reality...

Beware the cult of "government"...

its making me a little nervous

why are judges who are normally insane all of a sudden waking up.

especially after

waiting to issue this judgement for 5+ years.

Ron Swanson

thank you, this is a great post to bump

Nice to know there are some judges who have a least a little bit of a clue about the 2nd Amendment.

"Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the office of a thoroughly nasty business concern." ~~C.S. Lewis
Love won! Deliverance from Tyranny is on the way! Col. 2:13-15