The District plans to appeal a federal judge’s July decision to overturn the city’s total ban on carrying a gun in public, now that the judge who issued it has said he won’t reconsider.
Frederick Scullin Jr., a senior U.S. District Court judge in the Northern District of New York, ruled earlier this year that the city’s ban was a violation of the Second Amendment and that residents were entitled to carry their guns in public. D.C. officials immediately decried the ruling, saying it wasn’t in the best interests of the public. The District asked the judge to reconsider his ruling, which Scullin said a couple of weeks ago he would not do.
In July, the judge had delayed his initial ruling from taking effect until Oct. 22, allowing the D.C. Council time to establish who could carry a registered a gun in public and where they can carry those guns. This subsequent legislation is currently in place now on an emergency basis. But, until today, Attorney General Irv Nathan and his office hadn’t said whether they would appeal the decision to the U.S. Court of Appeals for the District of Columbia.
Ted Gest, spokesman for the attorney general’s office, says the office hasn’t been indecisive on whether to appeal, but rather has been waiting for the legal process to play out first.
Now the attorney general’s office could ask Scullin to delay his ruling until the appeal is heard. But when Scullin issued the 90-day stay in July, he also rejected the city’s request that a stay be issued until an appeal is heard, so it seems unlikely that he would now allow that.
So for now, his ruling is in effect, albeit with the restrictions imposed by the D.C. Council. The plaintiffs who successfully overturned the city’s ban on carrying a hand gun in public have challenged the legislation in court, arguing it is too restrictive and unconstitutional.
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