Archive for May 26th, 2016

A federal judge has ruled that a provision of the District’s new gun law is likely unconstitutional and ordered the Washington  D.C. police to stop requiring individuals to show “good reason” to obtain a permit to carry a firearm on the streets of the nation’s capital.

In imposing a preliminary injunction pending further litigation, U.S. District Judge Richard J. Leon reignited a running battle over the Second Amendment in the District and its courts where three different judges have now weighed in with varying conclusions.

“The enshrinement of constitutional rights necessarily takes certain policy choices off the table,” Leon wrote in a 46-page opinion, quoting a 5-4 U.S. Supreme Court decision in 2008 in another District case that established a constitutional right to keep firearms in one’s home.

You can access the  ruling of the U.S. District Court for the District of Columbia at this link.


The Right to Sell Arms

posted by Judge_Burke @ 14:30 PM
May 26, 2016

The 9th U.S. Circuit Court of Appeals has ruled that  the Second Amendment right to keep firearms has been expanded to protect the right to commercial weapons sales over the attempts by local municipalities to limit gun sales on their municipality.

“The Second Amendment right must also include the right to acquire a firearm,” the appeals court reasoned, in a 2-1 decision. — F.3d —-, 9th Cir.(Cal.), May 16, 2016.

The court reinstated the constitutional claim by three men, including John Teixeira, who sought to open a gun store in Alameda County, but were blocked by a zoning rule requiring gun stores be 500 feet from private homes.

Early American judges simply assumed the right to keep arms necessarily included the right to purchase them, said Judge Diarmuid O’Scannlain.

“If the ‘right of the people to keep and bear arms’ is to have any force, the people must have a right to acquire the very firearms they are entitled to keep and to bear,” he wrote.

“One cannot truly enjoy a constitutionally protected right when the state is permitted to snuff out the means by which he exercises it; one cannot keep arms when the state prevents him from purchasing them,” he said.

For a Harvard Law Review article on the subject, go here