Fed Judge Rules DC Liable For Wrongful Arrests Post Heller

The city claimed the Second Amendment violating laws were necessary given the city’s “gun violence” problem and it couldn’t have known it was violating anyone’s rights until the post-Heller laws were struck down. Lamberth didn’t buy that argument.

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, “go the core of the Second Amendment.” The judge said the amendment preserves the “right of responsible citizens to carry firearms for personal self-defense beyond the home, subject to long-standing restrictions,” quoting the 2017 opinion, Wrenn v. District of Columbia.

“The District violated the plaintiffs’ Second Amendment rights by arresting them, detaining them, prosecuting them, and seizing their guns based on an unconstitutional set of D.C. laws,” Lamberth wrote.

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mranaya said:

Wow, this is an encouraging article. The judge's comments were pretty clear, but the very end made me cringe: 'The judge said the amendment preserves the 'right of responsible citizens to carry firearms for personal self-defense beyond the home, subject to long-standing restrictions . . ."

What was meant by ". . . subject to long-standing restrictions . . ."?

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joppaj said:

Not in his courtroom.

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Occam said:

Well! Trying to understand the implications for this, if any, beyond the six cases in question.

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Stoveman said:

Judge ruled yesterday that the District's arrest of six people (for now) carrying after the Heller decision violated their 2A rights. There were 1900 people prosecuted during this time period so this could be just the tip of the iceberg.

https://www.thetruthaboutguns.com/f...ble-for-post-heller-wrongful-firearm-arrests/


FTA:

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ironpony said:

Is there a standard definition of “Responsible Citizen”?

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