D.C. surrenders to 2nd Amendment, gives up ban on carrying guns in public

Same shit here. They've already tried this shit and lost, so they don't want to go back to the USSC right now.

Handgun possession is banned under District of Columbia (D) law. The law prohibits the registration of handguns and makes it a crime to carry an unregistered firearm. Furthermore all lawfully owned firearms must be kept unloaded and dissembled or bound by a trigger lock unless they are being used for lawful recreational activities or located in a place of business.

Dick Heller (P) is a special police officer in the District of Columbia. The District refused Heller’s application to register a handgun he wished to keep in his home. Heller filed this lawsuit in the Federal District Court for the District of Columbia on Second Amendment grounds. Heller sought an injunction against enforcement of the bar on handgun registration, the licensing requirement prohibiting the carrying of a firearm in the home without a license, and the trigger-lock requirement insofar as it prohibits the use of functional firearms within the home.

The District Court dismissed Heller’s complaint. The Court of Appeals for the District of Columbia Circuit reversed and directed the District Court to enter summary judgment in favor of the District of Columbia. The Court of Appeals construed Heller’s complaint as seeking the right to render a firearm operable and carry it in his home only when necessary for self defense, and held that the total ban on handguns violated the individual right to possess firearms under the Second Amendment. The Supreme Court granted certiorari.

The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment. The total ban on handgun possession in the home amounts to a prohibition on an entire class of arms that Americans overwhelmingly choose for the lawful purpose of self-defense. This prohibition would fail constitutional muster under any standard of scrutiny. Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is therefore unconstitutional.

The Court assumes that a license will satisfy Heller’s prayer for relief and therefore does not address the constitutionality of the licensing requirement. Assuming Heller is not otherwise disqualified from exercising Second Amendment rights, the District of Columbia must permit him to register his handgun and must issue him a license to carry it in the home.

Essentially, what the State Attorney in Washington is doing now is pushing cases they know are not likely constitutional up just below the USSC, and then resting that particular issue.

If they do so carefully, and the judges stay on topic, the citizens will have to fight each measure and restriction individually as they have standing. Essentially extending unconstitutional laws as long as possible, and requiring the citizens to essentially buy their rights at the stand.

They're likely afraid to go back to the Supreme Court because they don't want the USSC to get pissed and issue a wide comprehensive and definitive ruling on what the Second Amendment means in legal terms.

/r/news Thread Parent Link - ashingtontimes.com