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Today, a three-judge panel at the U.S. Court of Appeals for D.C. disqualified a federal judge in a ruling where he said the District’s highly restrictive concealed carry law is unconstitutional.
Last year, Judge Frederick Scullin ruled that D.C.’s complete ban on carrying registered handguns in public was unconstitutional. After initially fighting the ruling, the D.C. Council passed the new law—which gun rights advocates immediately protested.
In May, Scullin ruled that a key provision of the Council’s law—in which a District resident must prove to police that they have “good reason to fear injury to his or her person” or “any other proper reason for carrying a pistol”—violates Second Amendment rights.
As it turns out, the New York-based Scullin didn’t have the right to make that call. The U.S. Court of Appeals for D.C. panel decided that, although he was given a special designation to proceed over previous cases, the latest case was out of his jurisdiction.
“This decision is good news for public safety in the District of Columbia,” Attorney General Racine said in a release. “This ruling increases the likelihood that the case will be heard before a judge from our community—something that we have argued is crucial to understanding the public-safety issues at stake.”
This means that the council’s law, clause and all, is back in place until further notice.