2aguy
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The Federal Judge said the arrests against people carrying guns in D.C violate the 2nd Amendment...
Dick Heller is probably laughing to himself today. Late yesterday, US District Judge Royce Lamberth ruled that Washington, D.C. is liable for six wrongful arrests made in the years after the D.C. vs Heller Supreme Court decision was handed down. The individuals in question were arrested between 2012 and 2014 for carrying handguns in public.
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Instead, Lamberth ruled, laws banning carrying firearms in public and nonresidents from registering firearms, and permitting the arrest of nonresidents for carrying weapons or ammunition without a license, āgo the core of the Second Amendment.ā The judge said the amendment preserves the āright of responsible citizens to carry firearms for personal self-defense beyond the home, subject to long-standing restrictions,ā quoting the 2017 opinion, Wrenn v. District of Columbia.
āThe District violated the plaintiffsā Second Amendment rights by arresting them, detaining them, prosecuting them, and seizing their guns based on an unconstitutional set of D.C. laws,ā Lamberth wrote.
The ruling covered six individuals, but as many as 4500 people were arrested and 1900 prosecuted by the city during the years the laws were in place, so expect more claims for damages.
www.thetruthaboutguns.com
Wrenn v D.C.
Wrenn v. District of Columbia, 864 F.3d 650 (D.C. Cir. 2017),
is a United States court case in which the United States Court of Appeals for the District of Columbia Circuit held that the "individual right to carry common firearms beyond the home for self defenseāeven in densely populated areas, even for those lacking special self-defense needsāfalls within the core of the Second Amendmentās protections."[1]
en.wikipedia.org
Even I didn't know about this ruling.........
Here, the actual opinion...
Moreover,the Amendmentās text protects the right to ābearāas well as ākeepāarms. For both reasons, itās morenatural to viewthe Amendmentās core as includinga law-abiding citizenās right to carry common firearms for self-defense beyond the home (subject againto relevant ālongstandingā regulationslikebans on carrying āin sensitive placesā). Id.at 626.
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In that long preliminary analysis, the Court elaborates that to ābearā means to āāwear, bear, or carry . . . upon the person or in the clothing or in a pocket, for the purpose . . . of being armed and ready for offensive or defensive action in a case of conflict with another person.āā Id.at 584 (quoting Muscarello v. United States,524 U.S. 125, 143 (1998) (Ginsburg, J., dissenting)). Thatdefinition shows that the Amendmentās core must span, in the Courtās own words, the āright to possess and carry weapons in case of confrontation.ā Id. at 592 (emphasis added).
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Most of the relevant nineteenth-century cases, for example, assume the importance ofcarrying as well as possessing. Each puts anothercrackin the Districtāsargumentthat carrying was peripheral to the right protectedby the Amendment.
See Heller I, 554 U.S.at611-14, 629(citing Statev. Reid, 1 Ala. 612, 616-17 (1840) (allowing restrictions on the āmanner of bearing armsā but not limits on carrying so severe āas to render [arms] wholly useless for the purpose of defenceā); Nunn v. State, 1 Ga. 243, 251 (1846) (invalidating a ban on carrying insofar as it prohibited ābearing arms openlyā);Statev. Chandler, 5 La.Ann. 489 (1850) (observing that the Amendment shields a right to open carry); Johnson v. Tompkins, 13 F. Cas. 840, 852 (C.C.Pa. 1833) (findinginthe Second Amendment and a state analogue āa right to carry arms in defence of [oneās] property or person, and to use them, if . . . assailed with such force, numbers, or violence as made it necessary for [oneās] protection or safetyā);Andrews v. State, 50 Tenn. 165, 187(1871) (invalidating a ban on carrying pistols āpublicly or privately, without regard to time or place, or circumstancesā));see alsoPeruta v. Cty. of San Diego, 742 F.3d 1144,1174(9thCir.2014), vacated, 781 F.3d 1155, 1156-63(9th Cir. 2015) (citing Bliss v. Commonwealth, 12 Ky. (2 Litt.) 90, 93(1822) (striking down a prohibition on āwearing concealed armsā);Cockrum v. State, 24 Tex. 394, 403 (1859)
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So Heller I rejects their crucial premise.
āAndwith these cases off the table, the remaining cases speak with one voiceāon the Amendmentās coverage of carrying as well as keeping arms.
Peruta, 742 F.3d at 1174.Under Heller Iās treatment of these and earlier cases andcommentaries, history matters, and here it favors the plaintiffs.
law.justia.com
Dick Heller is probably laughing to himself today. Late yesterday, US District Judge Royce Lamberth ruled that Washington, D.C. is liable for six wrongful arrests made in the years after the D.C. vs Heller Supreme Court decision was handed down. The individuals in question were arrested between 2012 and 2014 for carrying handguns in public.
----
Instead, Lamberth ruled, laws banning carrying firearms in public and nonresidents from registering firearms, and permitting the arrest of nonresidents for carrying weapons or ammunition without a license, āgo the core of the Second Amendment.ā The judge said the amendment preserves the āright of responsible citizens to carry firearms for personal self-defense beyond the home, subject to long-standing restrictions,ā quoting the 2017 opinion, Wrenn v. District of Columbia.
āThe District violated the plaintiffsā Second Amendment rights by arresting them, detaining them, prosecuting them, and seizing their guns based on an unconstitutional set of D.C. laws,ā Lamberth wrote.
The ruling covered six individuals, but as many as 4500 people were arrested and 1900 prosecuted by the city during the years the laws were in place, so expect more claims for damages.

Federal Judge Rules Washington, DC is Liable for Post-Heller Wrongful Firearm Arrests - The Truth About Guns
Dick Heller is probably laughing to himself today. Late yesterday, US District Judge Royce Lamberth ruled that Washington, D.C. is liable for six wrongful arrests made in the years after the D.C. vs Heller Supreme Court decision was handed down. The individuals in question were arrested between...

Wrenn v D.C.
Wrenn v. District of Columbia, 864 F.3d 650 (D.C. Cir. 2017),
is a United States court case in which the United States Court of Appeals for the District of Columbia Circuit held that the "individual right to carry common firearms beyond the home for self defenseāeven in densely populated areas, even for those lacking special self-defense needsāfalls within the core of the Second Amendmentās protections."[1]
Wrenn v. District of Columbia - Wikipedia
Even I didn't know about this ruling.........
Here, the actual opinion...
Moreover,the Amendmentās text protects the right to ābearāas well as ākeepāarms. For both reasons, itās morenatural to viewthe Amendmentās core as includinga law-abiding citizenās right to carry common firearms for self-defense beyond the home (subject againto relevant ālongstandingā regulationslikebans on carrying āin sensitive placesā). Id.at 626.
---
In that long preliminary analysis, the Court elaborates that to ābearā means to āāwear, bear, or carry . . . upon the person or in the clothing or in a pocket, for the purpose . . . of being armed and ready for offensive or defensive action in a case of conflict with another person.āā Id.at 584 (quoting Muscarello v. United States,524 U.S. 125, 143 (1998) (Ginsburg, J., dissenting)). Thatdefinition shows that the Amendmentās core must span, in the Courtās own words, the āright to possess and carry weapons in case of confrontation.ā Id. at 592 (emphasis added).
-----
Most of the relevant nineteenth-century cases, for example, assume the importance ofcarrying as well as possessing. Each puts anothercrackin the Districtāsargumentthat carrying was peripheral to the right protectedby the Amendment.
See Heller I, 554 U.S.at611-14, 629(citing Statev. Reid, 1 Ala. 612, 616-17 (1840) (allowing restrictions on the āmanner of bearing armsā but not limits on carrying so severe āas to render [arms] wholly useless for the purpose of defenceā); Nunn v. State, 1 Ga. 243, 251 (1846) (invalidating a ban on carrying insofar as it prohibited ābearing arms openlyā);Statev. Chandler, 5 La.Ann. 489 (1850) (observing that the Amendment shields a right to open carry); Johnson v. Tompkins, 13 F. Cas. 840, 852 (C.C.Pa. 1833) (findinginthe Second Amendment and a state analogue āa right to carry arms in defence of [oneās] property or person, and to use them, if . . . assailed with such force, numbers, or violence as made it necessary for [oneās] protection or safetyā);Andrews v. State, 50 Tenn. 165, 187(1871) (invalidating a ban on carrying pistols āpublicly or privately, without regard to time or place, or circumstancesā));see alsoPeruta v. Cty. of San Diego, 742 F.3d 1144,1174(9thCir.2014), vacated, 781 F.3d 1155, 1156-63(9th Cir. 2015) (citing Bliss v. Commonwealth, 12 Ky. (2 Litt.) 90, 93(1822) (striking down a prohibition on āwearing concealed armsā);Cockrum v. State, 24 Tex. 394, 403 (1859)
-----
So Heller I rejects their crucial premise.
āAndwith these cases off the table, the remaining cases speak with one voiceāon the Amendmentās coverage of carrying as well as keeping arms.
Peruta, 742 F.3d at 1174.Under Heller Iās treatment of these and earlier cases andcommentaries, history matters, and here it favors the plaintiffs.

Wrenn v. District of Columbia, No. 16-7025 (D.C. Cir. 2017)
Plaintiffs filed suit challenging D.C. Code provisions directing the District's police chief to promulgate regulations limiting licenses for the concealed carry of handguns (the only sort of carrying the Code allows) to those showing a good reason to fear injury to their person or property or...

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