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Topic - Alan Gura
Amanda Welling has traveled a long, twisting road to transfer her handgun from her former Texas home to her new one in Southeast D.C. — a road that has led her to the Supreme Court.
Americans who live in the nation’s capital are the only ones who are not allowed to carry rights under any circumstances, and the justice system refuses to help.
D.C. gun owners filed a federal lawsuit in 2009 seeking the right to carry guns in public, but with a decision in the case still pending they are now taking the unusual step of seeking intervention by a higher court.
The nation’s capital is the only place in America where no one is allowed to exercise his right to bear arms. This is clearly unconstitutional, but the courts have thrown up repeated roadblocks to delay the law getting overturned for more than four years. The federal appeals court now will decide if this delay can continue.
The U.S. Supreme Court will not review a Maryland law requiring applicants to provide a "good and substantial reason" to carry a weapon in public — passing again on an opportunity to clarify the limitations of the Second Amendment.
Alan Gura is disappointed the Supreme Court said Tuesday that it would not take up a challenge to Maryland's “may issue” carry laws, but he is determined to get a high court ruling on the right to bear arms.
Anti-gun jurisdictions are in trouble. Tuesday's 7th U.S. Circuit Court of Appeals decision striking down the Illinois ban on concealed carry has put in the crosshairs the reluctance of the District and Maryland to allow citizens to exercise their right to self-defense outside the home.
Florida is preparing to issue its 1 millionth concealed-carry permit while a federal court ruling this week left the nation's capital as the only place in the United States with a total ban on carrying concealed weapons — developments that have gun advocates feeling that momentum is on their side in the national debate over whether Americans can remain armed once they leave home.
Attorneys for the state of Maryland argued Wednesday in federal court that a law requiring residents to provide a "good and substantial reason" for seeking handgun permits is a reasonable restriction that promotes safety without violating the Second Amendment.
A federal appeals court is scheduled to hear arguments Wednesday on the constitutionality of Maryland's controversial requirement that legal gun owners have a "good and substantial reason" to carry concealed weapons.
The ability of Americans to bear arms is on the line in this presidential election. The Supreme Court, which started a new term on Monday, will have little choice but to take up the issue of carry rights within the next few years.
An attorney who won a landmark case overturning the District's handgun ban has rankled conservatives who say a Second Amendment case he will argue Tuesday before the U.S. Supreme Court could be fodder for liberal judges to mandate constitutional guarantees for gay marriage, abortion rights or government-provided health care.
"With this decision in Palmer, the nation's last explicit ban of the right to bear arms has bitten the dust," attorney Alan Gura, who represented the gun owners in this case and scores of others in gun rights cases across the country, wrote on his blog in response to the decision. "Obviously, the carrying of handguns for self-defense can be regulated. … But totally banning a right literally spelled out in the Bill of Rights isn't going to fly."
"The decision is in effect, so unless or if it is stayed, people who have a lawfully registered handgun in the District could be outside with it," attorney Alan Gura said.