The government of the District of Columbia confirmed it will not enforce its stun-gun ban against three residents represented by Arsenal Attorneys’ George Lyon.  Our clients, a political blogger, a nurse and an armed-robbery victim, challenged the stun-gun ban as an unconstitutional infringement of their Second Amendment rights.  Additionally, the DC Council has signaled it will voluntarily repeal its stun-gun ban, albeit under pressure from our clients’ lawsuit.  The litigation of this case has halted for 90 days to allow DC to enact the legislation necessary for the repeal.

In comments to the Washington Post, George Lyon said these developments were “a first step to greater Second Amendment rights for D.C. residents.” He added, “I think they have effectively conceded that the ban is unconstitutional. They did not contest my showing that my clients were likely to prevail on the merits.”

An excerpt from a report on this case by Washington Times reporter Andrea Noble follows.

D.C. lawmakers are moving to repeal a ban on ownership of stun guns after residents challenged the law’s constitutionality in a federal lawsuit.

Attorneys representing the city agreed this week to a stipulation that allows the three D.C. residents who filed the lawsuit to obtain and possess Tasers in their homes.

The lawsuit will be placed on hold while the D.C. Council considers legislation that would make it legal for residents to possess and carry stun guns and also do away with the city’s requirement that people register pepper spray with the Metropolitan Police Department.

Stun guns are banned in five states as well as numerous cities and municipalities, though such laws are likely to come under increased scrutiny as Second Amendment supporters broaden their attacks on regulations that limit self-defense options.

Attorney George Lyon, who is representing the three residents challenging the law, filed the lawsuit this summer after a U.S. Supreme Court ruling brought into question the legality of a Massachusetts ban on stun gun ownership.

Mr. Lyon said the Supreme Court ruling, which threw out a Massachusetts court ruling upholding a woman’s criminal conviction for carrying a stun gun in violation of state law, “made it pretty clear that it’s going to be difficult to justify prohibiting owning a Taser or a stun gun.”

D.C. Council Chairman Phil Mendelson agreed with the assessment and introduced legislation to do away with the city’s stun gun ban on Sept. 20.

“We have a complete ban on stun guns right now, and I think it’s reasonable to expect that the ban would not hold up,” Mr. Mendelson said.

A spokesman for D.C. Attorney General Karl Racine declined to discuss the reason why the city opted to pursue legislation over litigation, noting that the lawsuit is still pending.

On Monday U.S. District Judge James Boasberg issued an order in the case stating that “the parties have worked out an agreement to accommodate the named plaintiffs while the Council for the District of Columbia enacts new legislation relevant to this case.”

As part of the agreement, the District admits no liability or wrongdoing, and the three plaintiffs in the case — a conservative blogger, an armed robbery victim and a nurse who works night shifts — will be allowed to obtain and possess Tasers at their homes while the legislation is debated.

“The city made no attempt to defend the constitutionality of the law,” Mr. Lyon said.

Legislation introduced by Mr. Mendelson and Kenyan McDuffie, chairman of the D.C. Council’s Judiciary Committee, would make possession of a stun gun legal to those over the age of 18 and use of the devices legal only “in the exercise of reasonable force in defense of person or property.” It also would require venders who sell more than five stun guns or self-defense spray canisters a year to register with police.

As it’s currently written, Mr. Lyon said he would not have any objections to the proposal.

“If the bill is substantially restricted, we will have something to fight about,” the attorney said.

As the bill works its way through the legislative process, Mr. Mendelson said he’s unsure whether D.C. police or the city attorney general will “be comfortable” with the current draft or suggest changes.

“The bill goes very far toward deregulating stun guns,” the council leader said, noting there is no requirement to register a device with police. “My view is that stun guns are not lethal in the same way firearms are. Therefore, a regulatory scheme similar to firearms is more difficult to rationalize.”

The District’s firearms laws are considered among the strictest in the country, with gun owners required to register their weapons with police and take training courses. To obtain a concealed carry permit, handgun owners must demonstrate a “good reason” in order to qualify.

The Supreme Court’s March ruling did not overturn the Massachusetts ban on stun guns outright. But Second Amendment advocates say it did lay the groundwork for challenges to other bans of nonlethal items meant for self-defense.

The ruling rejected the arguments invoked by the Supreme Judicial Court of Massachusetts, in which judges ruled that stun guns were not protected under the Second Amendment because they “were not in common use at the time of the Second Amendment’s enactment.” The case was sent back to the lower court, where the charges were eventually dropped.

[End of Excerpt]