Federal Judge Denies District Motion To Reconsider Palmer Ruling
BELLEVUE, Wash., Nov. 7, 2014 /PRNewswire-USNewswire/ -- The U.S. District Court for the District of Columbia has denied a motion by the District to reconsider its ruling in the case of Palmer v. District of Columbia, a Second Amendment Foundation case that nullified the city's ban on carrying firearms outside of the home.
Judge Frederick J. Scullin, Jr., who issued an opinion in July striking down the total ban on carry as unconstitutional, wrote the five-page opinion denying the District's motion. He reminded the District that "in light of Heller, McDonald and their progeny, there (was) no longer any basis on which this court (could) conclude that the District of Columbia's total ban on the public carrying of ready-to-use handguns outside the home (was) constitutional under any level of scrutiny."
SAF founder and Executive Vice President Alan Gottlieb was happy with the ruling, asserting that the District's motion for reconsideration was "an attempt to forestall the inevitable."
"Judge Scullin made it perfectly clear in July that the District cannot continue its outright ban on carry," Gottlieb recalled. "This new ruling reiterates the language in the Peruta decision in California that 'the carrying of an operable handgun outside the home for the lawful purpose of self-defense, though subject to traditional restrictions, constitutes ''bear[ing] Arms' within the meaning of the Second Amendment.' I'm beginning to wonder what part of that the District doesn't understand."
Gottlieb said Judge Scullin's new ruling is "one more small, but significant step" toward restoration of Second Amendment rights for residents of the nation's capital city, and thus a victory for citizens everywhere.
"At some point," he concluded, "gun prohibitionists will have to realize that the Second Amendment is a fundamental civil right, not a government-regulated privilege."
The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
SOURCE Second Amendment Foundation
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