[Video] Court Case Challenging DC’s Complete Ban of Gun Carry is Being Illegally Held Up in the Courts
What’s the old saying? Justice delayed is justice denied?
As many of you are surely aware, Washington DC was forced to lift its complete ban on gun ownership following the Heller decision by the Supreme Court. This case was credited as cementing the Second Amendment as an individual right to keep and bear arms (although the decision was a little light on the “bear” part).
In response to the case, Washington DC implemented a strict, almost impossible to follow, registration and licensing process for individuals who wished to keep guns inside their home. However, new laws ensured that carry outside of the home remained illegal. Enter the Second Amendment Foundation and a lawsuit to change that.
The case seemed pretty straightforward, several court rulings have found that it is illegal for a government to provide no method for carry outside of the home, and many courts are even moving in the direction of requiring states to use the “shall issue” model for carry permit issuance.
Even Illinois, regarded as one of the most anti-gun states in the country, was forced by a court case to implement a law in which citizens could carry firearms outside of their home for self defense. That case moved very quickly through the courts once it was filed.
Taking into account all of the above facts, it’s extremely strange that the court case challenging DC’s lack of a carry option has been repeatedly delayed over the last five years. We aren’t talking about getting delayed in appeals, or waiting for a Supreme Court date. The lower courts still haven’t issued any rulings on the case.
Gun rights advocate and journalist Emily Miller touches on this in a column for My Fox DC this week,
Washington, D.C. is the only place in the country where no one is allowed to legally carry a gun outside the home. District residents are trying to challenge the law in court, but the justice system has denied them due process. The almost five-year delay in Palmer v. District of Columbia is so extreme that some suspect political games.
In August 2009, Tom Palmer and three other D.C. residents filed a lawsuit in U.S. District Court that said the total ban on carrying firearms — open or concealed — violated their Second Amendment rights. Alan Gura is the attorney for the Palmer case.
On Tuesday, Gura filed a second writ of mandamus with the U.S. Court of Appeals asking it to force the lower court to issue a decision. He will not speculate on the reason for the long wait, but says this is not normal.
“Delays of this nature are very uncommon — especially when you have a case where people are claiming that their fundamental civil rights are being violated,” the attorney said in an interview with Fox 5 on Friday.
Click here to read the entire column.