D.C. Gun Restrictions Ruled Unconstitutional

Once again, Federal Judge Frederick Scullin has ruled against the city of Washington D.C., condemning their gun laws as unconstitutional. This is the second time Scullin has been forced to make such a ruling against the city’s officials, and one can only wonder how many more times it will have to happen before they stop breaking the law in the nation’s capital.

On Monday, Scullin ruled that the city’s “good reason” statute was in defiance of the Second Amendment. The rules, as they stood up until now, forced concealed carry applicants to demonstrate that they had “a good reason to fear injury, which shall at a minimum require a showing of a special need for self protection distinguishable from the general community.” That will no longer be the case, freeing D.C. residents to pursue a much less arduous path to a legal permit.

Even those rules were a step up from what was in place before, which was an all-out ban against concealed carry. Scullin ruled last year that the ban was unconstitutional, which was when the city council came up with their hare-brained scheme to thwart the law with excessive restrictions. Up till now, a grand total of eight people have been given a permit. That number will surely grow in the coming months as the D.C. city council is forced to come, slowly but surely, into compliance with the Constitution.

How many times can these officials get away with stomping all over the Second Amendment before they lose their jobs? It should not take lawsuit after lawsuit to force these officials to carry out their sworn duties. After a while, it gets ridiculous. No one wants to see Congress stick its nose where it doesn’t belong, but this is one instance where it may take a congressional bill to make sure that D.C. residents are not having their freedoms trampled by overzealous liberals.

Washington D.C. is one of the most crime-riddled, dangerous cities in America, and it was that way long before citizens were legally permitted to own handguns. That makes it all the more ridiculous for Democrats to keep law-abiding citizens from protecting themselves. The Second Amendment could not be clearer in its language: the right to bear arms shall not be infringed. Maybe it’s time to jail politicians who think it’s okay to continually ignore the nation’s founding document.

When these laws are challenged in federal court, they are shot down one by one. Not just in D.C., but everywhere. They don’t even get a chance to go to the Supreme Court, because there is very little judicial disagreement on the lower circuit levels. That makes it incumbent on citizens in restrictive states to challenge these laws in court when they feel their freedoms are being inhibited. Only by putting these laws in front of a judge can be retain our liberties.

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63 comments

  1. Good. Now we need someone to go after Maryland and all the other states that think they can get away with stomping on the Constitution.

    • Jimmy, see my posting just above yours. I think just ONE good lawyer who is ready to jump in and sue INDIVIDUAL MEMBERS of City Councils, County Commissions [or by whatever name], members of state legislators etc.
      Just ONE lawyer who is willing to take on any and all persons – individually – who are obstructing legal Citizen of this US of A there Constitutional Rights and guaranteed within the Bill of Rights [2nd Amendment].

      • I’ve learned a lot concerning the court systems of late. As a people we have been collectively brainwashed to believe that lawyers are the more corrupt individuals out of all those persons engaged in the justice system.

        I’m here to testify, “it just ain’t so”. Judges are the ones calling the shoots when it comes to what laws are enforced and upon whom. Judges are the source of the greatest fleecing of American citizens that you could ever imagine and judges can make or break an attorney, and they know it.

        The only way to beat back this out of control government is to learn the system from the inside and the problem there is that most people who start down that path find them embroiled in so much stuff that they can no longer be effective as an advocate for good and some even join the other side because it is easy once your in to get the goodies, if you know what I mean.

        It is a rare thing to meet an honest man and your odds go way down if your looking in City Hall.

        Look into a “Writ of Mandamus” if you want to go after individual politicians, but first be certain that individual actually has the authority to act upon the issue you want to have changed or enforced.

        I hope this has been helpful.

      • The so-called Bill of Rights (first 10 Amendments) would more appropriately be called the Bill of Prohibitions, for it only states what government cannot do. None of these 10 Amendments grants the People any rights – they merely recognize the rights that already existed (unalienable Natural, or God-given rights which neither any government can take away, nor any People can give away), and made it clear that government must not interfere with or abridge these rights in any manner. The right to own and bear arms is not a Constitutionally granted right, but rather is mandated as necessary to protect and defend one’s Natural and unalienable rights to life and liberty which were recognized in (not granted by) the Declaration of Independence. The 2nd Amendment only recognizes that in order for the People to remain secure and free (their life and liberty protected) they must retain the right to bear arms and therefore government is prohibited from infringing upon that already existing right. No one should refer to gun rights as a “2nd Amendment right,” for if that were actually the case then a new Amendment could repeal the 2nd Amendment, effectively stripping us of our unalienable rights to life, liberty, and the pursuit of happiness.

    • marlene.langert

      In case you haven’t noticed, we have a new governor now, a Republican!!! He will follow the Constitution and get Maryland straightened out as long as the Dems in the Maryland assembly do not get in the way too much. He has gotten several things done already jujst since January, even with the Dimocrats in the legislature.

      • He is trying but the damned spiteful democrats run both houses of congress and they are screwing at every turn.

        His biggest accomplishment to date, even by his own admission was to veto the tax increases that the Democrats attempted to push through in the budget and they cursed him for that too.

        • marlene.langert

          From what I understand, he has also eliminated the rain tax. THat is a great advantage to me and many others.

          • No. That never happened. Sorry, he tried, but Mike Miller blocked him.

          • marlene.langert

            Wrong, Jimmy Quick! The Rain Tax was repealed by SB863 and Hogan then signed it into law. I believe he has signed around 500 bills and vetoed plenty that were not an the conservative agenda. Look it up yourself.

          • I sat in a meeting where the speaker stated that the rain tax repeal, as proposed by Hogan was dead and that Miller (D) had killed it. If they came back and pushed it through, that is news to me.

          • marlene.langert

            Jimmy, I had contacted a friend of mine who just gave up the Presidency of our local Republican Club and worked on Hogan’s election and is still involved. Here is what he sent me: From JB Jennings, State Senator:” Rain Tax: The Rain Tax was repealed although the counties are still required to raise the necessary revenue to pay for its stormwater projects, but no longer have to impose a tax based on resident’s square footage of impervious surface. However, residents must must present their plan to the Maryland Dept of Environment for review and approval. ”
            Guess we were both right and both wrong. However, I do not understand if they mean the county by “residents” or they mean each individual. How in the owrld would individuals to that?

          • Well, Hogan was a little unhappy with the way that congress went around his authority by this slipping in an amendment and then reinstating the law without it ever going to the governor for his approval.

            It was all just political posturing so the democrats could say they fixed it. I guess, in time we will see how this all plays out.

            Their is already talk of raising property taxes by as much as 20% to cover the budget shortfalls that most of the counties are now experiencing.

          • marlene.langert

            I do not think Hogan will allow that. If you are speaking of county wide, I don’t even think Baker would allow that in PG. I have been wrong before, but so many people would lose their houses, esp the poor who struggle to pay their property taxes already.

          • Maybe that’s the plan. The Chinese have a standing agreement with HUD to buy any houses they want for 70% of the appraised value.

          • marlene.langert

            I now believe what you tell me to a large extent. Scary!!I am glad I am so old that I should not have to live too many years in this influence. I just pray for a strong Republican president for the enxt eight years, even sooner as I am very concerned for my grandchildren.

          • marlene.langert

            THey are getting sneakier and sneakier, but comes a time, we will stop them.

          • Just read it. It’s a fake-out. The original bill was repealed, then amended and then reenacted. I didn’t get into all the details, but it is still alive and well, and most importantly, Miller was the main writer of the new bill.

            I heard Hogan say himself that his ONLY accomplishment in his first legislation session was that he blocked the tax increases that the democrats were attempting to push through and had reserved the authority to block additional budgetary spending at his sole discretion.

          • marlene.langert

            Just go on line and search for bills passed during 2015 in the Hogan Administration. This list shows the Rain Tax as repealed.

          • I understand what you are saying, but I read the bill. They repelled the original, amended it and RE-ENACTED it. That is not repeal. That is a trick.

  2. Just another city that has been “ruled” by Democrats. Nothing ever changes in these cities. Everything that happens that is bad is “the Republicans Fault”, even if no Republicans are present in city government. Chicago, Philadelphia, Detroit, Atlanta, New York City, Boston, Baltimore, L.A. and on and on. All fully controlled by Democrats, and yet……..”It’s all the Republicans fault, they won’t give us enough money and power to make the needed changes”! WTF????????

    • Michael Dennewitz

      Perhaps…. Perhaps a gang of thugs (with unregistered guns, of course) needs to invade the truly rich districts and take out a few and THEN MAYBE they’d think things differently. I doubt it myself. That wouldn’t be in line with ovomit’s gun confiscation plans!!

    • James,
      The liberal idea that government is the answer to all our problems is a huge lie – to themselves as well as the public in general. People are the answer. People have to rise about circumstances and deal with their on lack of freedom, not whine about it. Both the poor and the GOP need to quit the idea of being constantly opposed to the status quo and go make the needed changes.

      • James in Texas

        The fact that many large cities that have had complete controlled by Democrat government for decades shows that the so-called poor are where they want to be, Period! Not everyone of them, but sadly, far too many of them. The GOP has been involved in many of these failed policies, but, only the GOP has ever tried to cause the welfare issues to be short-time and that it must always have an end-date and a work pursuit requirement!

        • James,
          Countless millions are living off of welfare. There is no incentive to work when they get housing, food stamps, and free medical benefits. None of this is new. We gave a lot of welfare benefits during the Great Depression. Now we are struck with it. Blacks are not the only ones on the dole. Hispanics are as well. So are some poor white folks. I live more with the Hispanic problem than the black problem. It is no different. So race is not the issue. It is a government that promotes such behavior that create the problem.

    • SEE Chicago,ILLINOIS !!!!

    • steve crawford

      It doesn’t matter if they are Democrats or Republicans, voters need to VOTE OUT the incubments that do not listen to those that put them in office. STOP thinking that keeping them in office that they will change.

      • I’m the last person on the planet to believe that keeping incumbents in office would change them! For more than 30 years I have talked, written and contacted everyone I know or have as an representative about our Republican government (We are a Republic) and how it has been destroyed by incumbency, Period! If anyone has an I.Q. larger than their shoe size they would wonder why any person would spend Millions of Dollars to be elected to a job that pays $172K yearly. It’s all about the power, the wealth and the fame that draws them to being in government! And, Yes, both Party’s are corrupted and power-hungry, Period! Me, I’m an TEA Party leaning former Republican hoping for a miracle in 2016, and I have no other way to go. As a rule most of the so-called Independents seem to vote a straight Democrat line when elected to office!

        • I agree, but citizens must vote and kick out the incumbents that DO NOT represent the citizens as promised. But citizens must also fight against gerrymandering, redistricting and laws and rules that impede some citizens from electing candidates other than Republicans. Yes some independents vote mostly Democrats, but now many representatives are either RINO or DINO. When only about 39% or less of citizens vote, big money control the elections. My 1st choice in 2016 is Warren for president and Sanders as VP, or Hillary as president and Sanders as VP.

          • Well, your choices are all “known Socialist or Socialist/Marxist, and all of them believe in bigger government and more government control”. That will not make our nation a better place, Period! Our Constitution created the best form of government, a Republic, and we have allowed it to slide away. I guess that you and I must agree to disagree about what the best kind of government we want! I will not live under any form of government that causes the people to “toe the political line”! Oh yeah, the Democrat Party has not existed for decades, not since LBJ and the War on Poverty, it has become the Progressive/Socialist Party, My parents were real Democrats, known as “Blue-dog Democrats”. Harry Truman was the last “real Democrat President”!

  3. Illinois would be another good place to get busy. When I lived in Chicago. many years ago, only criminals, “law enforcement”, “security guards”, and the wealthy and or politically connected could own a gun, especially a pistol They too, are using the same format, to try to resist permit issuing, as have a number of county sheriff’s here in Iowa. State law gave that authority to the county on the grounds that since they lived there, they could better judge a person’s needs. Many of them refused to issue at all, except to security guards and a few of the most politically
    powerful or connected.

    When the “must issue” law was passed, there were dire predictions of “gun battles in the streets”, “streets running red with blood’, “mass killings’, and other such buffoonery. Guess what? Ain’t happened, and it seems street robberies here in Des Moines (America’s Crossroads; I-35 & I-80) have definitely declined. Who’d a thunk it” Hunh? Hunh? There are still dangerous areas to be sure, but the volatility has clearly declined. Another blow struck for the 2nd Amendment.!!!! And public safety too.
    Respectfully

  4. The attack on the Second Amendment will never cease. I doubt that the libs will ever give up. This is ammo for the GOP in the upcoming elections that says the liberals will usurp the Constitution any way they can.

    • Michael Dennewitz

      Well, here in Florida, THERE WILL BE a confederate tag issued for cars, and the battle over CWP and carrying is ongoing, with liberals losing one battle after another! ROFL

  5. In Illinois the demoncraps force you to attend “safety classes” to concealed carry. It ends up costing $700.00 just to get a card. All of the classes are run by demoncrap thugs.

  6. Robert Pipczynski

    Will someone challenge the restrictions placed on NJ gun owners every state you can get a concealed carry permit I have trl

  7. AFTER THE 9TH CIRCUIT SAYING THE SAME [ BIG SURPRISE HERE SINCE IT THE MOST LIB OF THE CIRCUITS ] WON’T BE LONG THAT THE SUPREME WILL ONCE AGAIN RULE THESE LAWS ARE JUST TO PREVENT THOSE WANTING GUNS LEGALLY ENTITLED TO HAVE HAD THEIR RIGHTS VIOLATED.

  8. Robert Pipczynski

    I have three but in NJ I am a criminal why are we not doing something about it the politicians are the crimminals maybe we should lock them up because they are not upholding the the constitution

    • New Jersey has terrible gun laws. I live in PA, and volunteer for the NRA-ILA at gun shows. We talk to people from New Jersey all the time because they’re so unhappy with the gun laws. Of course, liberals like the laws because only criminals have guns, and most of the criminals vote Democrat if they do vote.

  9. That is exactly what needs to happen, put the damn crooked politicians in the general populations in prison. Start holding all the ones ACCOUNTABLE who CONTINUOUSLY try and try and try to infringe on our rights. Start making EXAMPLES of what NOT to do as a politician. Now if we can somehow get congress members on shorter terms and once they are done, they live like REGULAR folks and give them odamacare and no security, if that applies to them. Just my thought…

  10. You cannot attend a Democrap firearms safety course because Dr. Elmo Watkins school of pig whistling and pistol shooting doesn’t count as a safety course.. A price of $700.00 for a firearms safety course goes beyond the pale of constitutionality and should immediately be rescinded. any illegal means possible To VIOLATE YOUR CONSTITUTIONAL RIGHTS WHAT EVERY HAPPENED TO CIVIL PENALTIES FOR DOING THIS.

  11. Creathie Morris

    ALL AND ANY LAW INFRINGING ON THE SECOND AMENDMENT ARE ILLEGAL!!! WHEN IS ANYONE EVERRRRR GOING TO GET IT RIGHT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  12. disqus_CeZmTpgh9W

    I wonder how many criminals bother to attend gun safety classes and get a “permit”
    For that matter, how many criminals bother to fill out the forms and submit to a “NICS check”

    • No need to wonder,

      The answer is ZERO….

      But facts don’t get in the way of liberal gun grabbers. They have been manipulating the data for ever.

  13. Our Constitution is evil to the democrats and they trounce on it and do all they can to destroy it. I love the Constitution and hate the democrats, especially the obama’s and clinton’s as both are POS.

  14. I think anyone caught writing a bill that turns out to be unconstitutional needs to be removed from office.

  15. It is very interesting to me that Politicians and their family are guarded by guns, yet they do not want common people too have them. We need protection at times, when we feel we are in danger. My son was shot to death sitting at home. By a so called friend. Having a gun did not save my sons life. But if he knew he was in danger he would have his gun by his side. Guns can not always protect you. Sometimes it would.

    • @star – Now would be a good time to note that we are most often unable to predict the future, including when, where, how or by whom we may find a need to be armed. For that reason, it is only wise to be armed at all times ─ for the same reason that we always have a spare tire in or on a vehicle we are driving: We don’t know when it will be needed.

      Cogito, ergo armatus sum.

  16. Just being a citizen of DC provides the basis for“a good reason to fear injury,” IMHO.

  17. These city council members to individually meet with a good lawyer. One hired to defend those persons who want a City of Washington CCW permit and have it explained in no uncertain terms that they, individually, are to be sued. Suedd because of their actions/inactions denying legal citizens of this US of A their Constitutional Rights – guaranteed in the US Constitution and Bill of Rights. [I’m sure a number of other excellent points could be added – but let’s keep this simple, and to the point.]
    It seems to me this is fertile grounds for a GOOD lawyer to make a HUGE name for himself and his firm. Attention all GOOD Constitutional Lawyers, WHERE ARE YOU??

    • @bayoucastine – O’BammyNanny claims to be a Constitutional Lawyer. Assigning His Royal Incompetence as Counsel for Respondents would be a welcome start for the libiots in office in the Distrikt of Kommunism (DK). And surely there is a REAL Constitutional Attorney available as Counsel for Petitioners!

      Sic semper tyrannis.

  18. Why do we even need these these judges to tell us what we all ready know? Nothing changes.

  19. Appointing judges because of their political party preferences has not generally produced judges that protect our Constitutional Rights. It is good to see that politicians are not always right, and one Constitution protecting judge made it past the Party Line.
    All of the citizens of our Republic need to review our political affiliations. A personal political preference review might help to restore federal protection for our constitution. The Governments illegal use of it must stop.
    Our Constitution was written to be used by the people to protect ourselves from out of control government, and to establish equality under the law for all of us. Our out of control government has lost sight of both purposes.
    The government people that are breaking the law are also government people subject to the law. Simply ignoring the law is called malfeasance and is a punishable offense.
    Marvin Fox

  20. Well, if your going to start jailing the politicians that thwart the 2nd Ammendment, or for that matter, the Constitution. You better start in the White House and the Senate and work your way down.

  21. Kung Fu never fails to make it past security at the courthouse or at the airport. Once you have Kung Fu it is almost impossible for the government to confiscate it. Also a nice hickory cane is good to have. They attract little attention and can go just about anywhere. Some of them have been especially designed for combat.

    • The part of the “Club,” the steering wheel locking device, with the hooked end is a very good weapon. I don’t know about the airport, but for everyday use it is effective against dogs and people and I believe it’s legal. Against a small or medium – build person or a dog the hooked end can be used to cut off circulation via the carotid arteries thereby causing unconsciousness.

  22. What do does one expect from an electorate that endorsed and voted to re-elect a former and now deceased, cocaine drug-addled mayor caught in the act who after he left office continued feeding from the public trough as an elected councilman?

  23. Democrat Party’s program of
    disarming the general population is under way here (as per Stalin in 1926, per
    Hitler in 1938, per Mao in 1948), with the first step in that program
    accomplished by a stream of Executive Orders being issued by Obama; after this
    first step the complete annulment of the 2nd Amendment will follow
    by a “diktat”; the first attempt in this endeavor named “Fast & Furious”
    ended up in failure and a murder cover-up – now shielded under Obama’s
    “executive privilege” call; the inventor of the Fast & Furious program is
    now the new ATF head and is in charge of renewing that effort under another
    name. You cannot establish a communist regime when the population is armed.

  24. The DC Gun Laws that The Congress (House and Senate) approved in the year 1976, interesting of and in itself or so it seemed to me, should have been scotched in 1976, not approved by The Congress. Alas, that obviously didn’t happen, and the evidence of history since that year should well and truly have shown The Congress and others, The Errors of Their Ways.

  25. marlene.langert

    BTW, Marylanders, Larry Hogan also put into law a bill SB763 allowing for a period of Tax Amnesty which becomes effective on June 1st, but Amnesty period to be September 1, 2015 thru October 39, both dates inclusive. Just look it up SB763.

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