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« More on the PA hospital shooting | Main | DC's reaction to Palmer »

Palmer v. DC: a win!

Posted by David Hardy · 26 July 2014 04:10 PM

Blog post and link to opinion here. District Court of DC rules that DC's requirement for a permit to carry, combined with its refusal to issue such permits, is unconstitutional, and (2) so is its ban on issuing permits to nonresidents.

A major advance that finally expands judicial recognition to "bear arms." And a success based on narrow targeting of the issues.

UPDATE: the opinion's signature reflecting Syracuse appears to be due to the fact that the judge is a Senior (entitled to retire, but choosing to stay on the bench) District Judge from the Northern District of NY. I assume DC is like Arizona; we often have visiting judges (esp. in the winter!) I wouldn't be surprised if he came to DC over the winter, and has now returned home.

Looking at his bio -- I've often felt that the 2A gets a fair shake, provided the judge is at least comfortable with firearms. The problem is that many judges have spent their life at driving ranges, not shooting ranges. In this case, the judge served as an Army officer, trained as a ranger and paratrooper, and commanded in Vietnam. He's not likely to get jittery over the concept of good people carrying guns for protection against bad ones.

· Chicago aftermath ~ · Heller aftermath

15 Comments | Leave a comment

Fyooz | July 26, 2014 4:20 PM | Reply

why does the ruling end with "Syracuse, NY"?

was this ruling farmed out to a judge in another district, or was this a summer home?

George Lyon | July 26, 2014 5:19 PM | Reply

Judge Scullin was appointed by the Chief Justice to handle the case after Judge Henry Kennedy retired. This was one of a number of cases assigned to him from Kennedy's docket. We waited five years to get a decision in this case.

RAH | July 26, 2014 5:59 PM | Reply

The first judge that heard the case retired without making a decision. Finally SC Justice Roberts appointed this judge to take over the cases. There were 10 cases. He delayed until 2012 to hear the arguments and then delayed the decision. Gura had to appeal to the Circuit Ct with a Writ of Mandamus.
This decision was based heavily on Peruta and Moore and mentioned Wollard but focused on that Wollard agreed that citizens have a right to carry.

Fyooz | July 26, 2014 6:02 PM | Reply

That was quick. Next question: can this be appealed? I note the "immediate" injunction against enforcement, could a higher court reverse that injunction until they decide whether to take the case?

In short, how much of this win could be undone through appeals?

Am also pleased to see that content from Peruta appears in this ruling, even though Peruta is, IIRC, being appealed by the CA AG.

Mike | July 26, 2014 6:38 PM | Reply

Am I correct that I could, right now, walk down the street in DC with a 1911 strapped to my hip and nobody could do boo about it?

Anonymous | July 26, 2014 7:51 PM | Reply

Mike, it *appears* that way. I suspect this will change Monday as the city goes for an appeal one level up and asks for a stay pending a decision at that level (three-judge circuit panel).

wrangler5 | July 26, 2014 8:21 PM | Reply

Even without a stay, it's a pretty good bet the cops on the street will continue to treat anyone with a gun as they have for decades - like a common criminal. So even though you may have a legal right to carry, you're likely to find yourself face down on pavement with a cop's knee in your back while he handcuffs you, then your photo and prints go into the database and you'll get to meet some very interesting people while the powers that be decide what to do with you. Even if you're released without charges you may find yourself out substantial legal fees to get there. And when you to go reclaim you gun you'll find that it has been misplaced (to some cop's house, no doubt) and can't be found.

Dan | July 27, 2014 8:49 AM | Reply

Agree with wrangler5....if you think what the law says, or what is right or wrong, has any relationship to what the police do, you shouldn't be allowed out alone.

George Lyon | July 27, 2014 10:03 AM | Reply

DC could ask for a stay from Judge Scullin and/or ask the Court of Appeals for a stay. Of course it could also just abide by the Constitution. Under no circumstances would I suggest anyone open carry in DC in the immediate future.

fyooz | July 27, 2014 4:44 PM | Reply

I don't OC nor live anywhere near DC, just looking at ramifications for the civilized parts of US. Outlawing carry, open or concealed, is becoming incrementally harder and less stigmatized. Steady pressure and focused cases. My contributions to IJ and Cato are paying off.

Plus of course the occasional trip to NY. Someday I will CCW there lawfully.

fyooz | July 27, 2014 5:10 PM | Reply

Asking for a friend: does DC police have technology to detect CCW in public?

Anonymous | July 27, 2014 10:51 PM | Reply

>>Asking for a friend: does DC police have technology to detect CCW in public?

Not on the street. In the most critical buildings, probably.

Mark-1 | July 28, 2014 12:00 PM | Reply

...Suspect this case was intentionally held in the wings until the 2 SCOTUS cases were delivered. Reading the decision closely, there is no way court could reveres without dumping its previously held decisions. Hence, I think there is a concerted effort to time this with the others mainstay decisions. TI'm told DC bar and the Supreme Ct justices know one another quite well. My read on this is timing, timing, timing. The President,Dems, and Anti's are clearly on the ropes.

Anonymous replied to comment from Mike | July 28, 2014 6:51 PM | Reply

Yes

http://alangura.com/wp-content/uploads/2014/07/07-137-14.pdf

Nemo replied to comment from Mike | July 28, 2014 6:52 PM | Reply

Yes

http://alangura.com/wp-content/uploads/2014/07/07-137-14.pdf

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