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D.C. Circuit’s Order on Motion to Lift Stay of Mandate

September 25th, 2007 by Clark Neily

The D.C. Circuit has denied our motion to lift the stay of its mandate.  But in doing so, the court made some interesting observations about the self-defense exception that D.C. now claims exists in the spirit, though not the text, of D.C. Code § 7-2507.02, which requires even lawfully owned firearms to be unloaded and either disassembled or trigger-locked at all times.  Of particular interest are the court’s observations about the dangers posed by a rifle’s range and the pellet spread of a shotgun, as well as the difficulty of “handling such long weapons in enclosed spaces — particularly by smaller individuals.”  Those points obviously go to the reasonableness of allowing people to defend themselves with, say, a high-velocity hunting rifle that can put a round through an entire apartment building, but forbidding them from using a pistol that is actually designed for use in close quarters and presents much less risk to innocent bystanders. 

 The order is here:  D.C. Circuit’s Order Denying Motion to Lift Stay of Mandate.

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