When he addressed the District’s attorneys, Judge Scullin made several things clear.  He called DC’s motion to reconsider “disingenuous” and commented that it was if the District’s attorneys had failed to even read the opinion he had issued in that case which outlined why the ban thwarted the Second Amendment.  Additionally, Judge Scullin reiterated the sentiment that gun owners everywhere wanted to hear: DC’s total absolute prohibition on the carrying of handguns outside the home for lawful self-defense was invalid, no matter how you cut it.             

Unfortunately the battle is not over.  The wheels of justice turn slowly and the road will undoubtedly be a long one.  Here is what is next:

Permit applications will be available next week, but the law is apt to change and few permits are expected to be issued. Perhaps anticipating such a denial, on September 23, 2014 the DC Council did pass temporary legislation that allows gun owners to apply for a concealed carry permit in DC.  Several days later, the mayor signed off on the measure.  The procedure is so subjective and restrictive that most applicants will get denied.  For more information about that legislation see our blog here.  DC Chief Lanier had several weeks to implement the permit procedure and, according to DC officials, the applications will be available by October 22, 2014, most likely on this site: http://mpdc.dc.gov

The parties go back to court on November 20, 2014.  On Oct. 2, 2014, after the DC Council approved the emergency measure, gun advocate attorney Alan Gura asked the court for a permanent injunction on the city’s handgun carry ban, citing the restrictive measures in the application process essentially constitute a ban since so few applicants will be approved.  DC Attorneys will file their answer to the response on October 20, 2014 and the Court will hear oral arguments on November 20, 2014.  If the Judge issues a permanent ban, it could be one of the final nails in the coffin for the DC handgun ban.

Additionally, It will be during this hearing, or perhaps a later one, that the Judge could rule that the permit process fails to give gun owners access to their constitutional right to carry, given its restrictive nature.  If the Judge agrees with Gura, and objects to the new law, the Council and the police chief will be forced to issue a more reasonable permit process that will allow for more citizens to be granted permits.

But not so fast…Now that DC’s  “Motion to Reconsider” failed, DC Attorneys may appeal the Judge’s original ruling.  This will divest Judge Scullin of jurisdiction and move the matter to federal appellate court.  If this happens, all of the plaintiffs’ motions, such as demanding a permanent injunction and a review of the permit process, will be paused for an indeterminate period of time.  This could have unforeseen consequences on the permit process, such as halting it all together.

Arsenal Attorneys will continue monitoring the legislation and court rulings and our firm is ready to help clients carefully prepare their DC carry applications once the process is in place.