Washington DC is the only place in the country where no one is allowed to legally carry a gun outside the home – that is until today. Back in August 2009, Tom Palmer and three other District 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. That lawsuit was called Palmer v DC…

It’s rare that these cases would be handed down over a weekend but it looks like this US District Judge took his job very seriously. With this ruling, gun carry outside the home in DC is constitutional. It also looks as though DC will have to recognize concealed carry permits from outside the area.

This, according to the decision handed down by the United States District Court of the District of Columbia in the Palmer v DC case. Emphasis is mine.

“In light of Heller, McDonald, and their progeny, there is no longer any basis on which this Court can conclude that the District of Columbia’s total ban on the public carrying of ready-to-use handguns outside the home is constitutional under any level of scrutiny. Therefore, the Court finds that the District of Columbia’s complete ban on the carrying of handguns in public is unconstitutional. Accordingly, the Court grants Plaintiffs’ motion for summary judgment and enjoins Defendants from enforcing the home limitations of D.C. Code § 7-2502.02(a)(4) and enforcing D.C. Code § 22-4504(a) unless and until such time as the District of Columbia adopts a licensing mechanism consistent with constitutional standards enabling people to exercise their Second Amendment right to bear arms.4 Furthermore, this injunction prohibits the District from completely banning the carrying of handguns in public for self-defense by otherwise qualified non-residents based solely on the fact that they are not residents of the District.”

You can read the full opinion on Palmer v DC, here.

Incredible attorney Alan Gura, who has won many national gun rights cases including the famous Heller decision, just gave law-abiding gun owners another important court win in protecting our 2A rights. Job well-done, Sir! And kudos to a thinking judge who has actually read the Constitution and abides by it. Could someone please pay him time and a half for working weekends?

Remember: People have a right to carry a handgun for self defense, which Heller confirmed. I like what Andrew Branca at Legal Insurrection says best on this victory:

“This should, of course, be the common fate of virtually every gun law currently on the books, particularly when (as is the only proper legal course) strict scrutiny is applied to the thousands of state and Federal laws that continue to irrationally infringe our rights to keep and bear arms.”

Indeed, Andrew. And today, we win.

UPDATE: It looks like things in DC are happening with yesterday’s ruling on Palmer v DC. Check out these tweets earlier today from Emily Miller, a local DC reporter and 2A advocate. We’ll keep you posted if the situation warrants.

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