BREAKING: 90 Day Stay Issued in Washington DC Carry Case, Carry No Longer Legal

July 29 2014
by GSL Staff
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Stop carrying guns in our nation’s capital if you are currently doing so and would like to avoid arrest, at least for the moment.

A federal judge has just issued a 90 day stay in the case of PALMER v DC. A court ruling issued on Saturday struck down Washington DC’s complete ban on carry of firearms outside of the home.

The stay will give DC officials 90 days to put a law into place that will allow for some form of carry outside of the home.

According to the Washington Times,

Plaintiffs in the case, who include three D.C. residents who own guns, agreed to a 90-day stay so the rulemaking could occur. The stay will be in effect until Oct. 22.

Judge Scullin wrote in the order that he granted the stay based on the agreement by the two parties that “an immediate 90-day stay is appropriate to provide the city council with an opportunity to enact appropriate legislation consistent with the Court’s.”

Of course, DC Police could decide to continue to not enforce the laws, but as of right now it looks like they would have legal backing to start enforcing carry laws once again.

Here is part of the opinion from the recent court ruling striking down DC’s ban on carry,

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.

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