Judge says DC handgun ban is unconstitutional

Judge says DC handgun ban is unconstitutional

A federal judge has ruled that Washington's ban on the carrying of handguns in public is unconstitutional and ordered that its enforcement be halted.

A federal judge ruled that Washington’s ban on the carrying of handguns in public is unconstitutional and ordered that its enforcement be halted. The judge, Frederick J. Scullin Jr., made the ruling on Thursday in U.S. District Court.

The ruling by Judge Frederick J. Scullin Jr., made public Saturday, orders the city to end its prohibition against carrying a pistol in public.

In the ruling, Judge Scullin Jr. said “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 is constitutional under any level of scrutiny.”

The plaintiffs were four individuals and the Second Amendment Foundation, a group that advocates the right to firearms.

The order was addressed to the District of Columbia and Police Chief Cathy Lanier, as well as their employees, officers, and others “who receive actual notice” of the ruling.

However, it could not be determined Saturday night who received notice. Also unclear was whether the city would appeal, and what effect this 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.

The case has dragged on for five years, with the lead attorney for the Second Amendment Foundation, Alan Gura, asking the federal appeals court twice to force Judge Scullin to issue a decision.

“I’m very pleased with the decision that the city can’t forbid the exercise of a fundamental constitutional right,” said Gura. He added, however, that he expects the District to appeal the decision.

The Supreme Court struck down D.C.’s ban on the possession of handguns in the home in the 2008 case District of Columbia v. Heller, under the basis that it violated the right to bear arms guaranteed by the U.S. Constitution’s Second Amendment.

Following the ruling, the D.C. Council approved regulations permitting residents to register certain handguns.

 

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