Key Takeaways
- A D.C. court overturned a gun conviction, establishing that carrying a firearm isn’t automatically suspicious.
- This ruling is significant as it reaffirms the right to carry a handgun without assumptions of wrongdoing.
- The Supreme Court’s Heller decision previously established the individual’s right to possess firearms for lawful purposes like self-defense.
- The Second Amendment Foundation successfully challenged the District’s restrictions on carrying handguns in public.
- Citizens should stay informed about local gun laws before traveling, as regulations vary by area.
Estimated reading time: 3 minutes
WASHINGTON, DC — A District of Columbia court has overturned a gun conviction and held that carrying a firearm is not automatically suspicious, according to a report from the Tampa Free Press.
The question at the center of that report is one armed citizens live with every day. A lawfully carried handgun is the exercise of a right. Treat the presence of one as inherent cause for suspicion and you have converted that right into a reason to be stopped, questioned, and charged.
The District is a fitting place for that argument to surface. On June 26, 2008, the Supreme Court decided District of Columbia v. Heller in a 5-4 decision, and as Gun Owners of America recounts, the Court held that the Second Amendment protects an individual’s right to own a firearm unconnected from service in a militia, and that a firearm may be used for a traditionally lawful purpose such as self-defense in the home. Heller came out of a D.C. law that criminalized carrying an unregistered firearm while refusing to register handguns at all.
Carrying outside the home took longer, and the District fought that too. The Second Amendment Foundation sued the city in U.S. District Court on behalf of D.C. residents Tom Palmer, George Lyon and Amy McVey, along with New Hampshire resident Edward Raymond, seeking to compel the District to issue carry permits to law-abiding citizens. The plaintiffs were represented by Alan Gura, the attorney who argued Heller. SAF said the District previously had a city code provision under which the police chief could issue licenses to carry handguns, including to citizens who did not live in the District, but that the city declined to issue them as a matter of policy for several years, and that the Mayor and City Council then revoked the authority outright. The suit asked for a permanent injunction against the continued ban on carrying handguns by law-abiding citizens for personal protection.
“In most major American cities,” Gura said at the time, “where the right to bear arms is respected, licensed permit holders have proven themselves safe and effective. Washington, D.C. already requires handgun registrants to complete the background checks and training classes required of carry permit holders throughout the country. It is pointless to deny these individuals the right to bear arms.”
That history is why a reported ruling about what counts as suspicious in the District carries weight beyond one defendant. The city spent years treating the gun itself as the problem, in the registration rules, in the licensing rules, and in the street-level judgment that follows both.
More from USA Carry:
The practical takeaway has not changed while the courts sort this out. Know the rules where you are and where you are going, and know them before you cross a line on a map, not after. I keep the requirements laid out on my concealed carry permit information by state page for exactly that reason.
I will continue tracking this matter and will revisit it once the opinion itself is public.
Read the full article here
