There has been a lot of news lately regarding DC’s gun laws. If you have been convicted in the District of Columbia for carrying a pistol, unregistered firearm, or unregistered ammunition prior to October of 2014, there may be a legal remedy available to get your conviction overturned. Part I will discuss the current state of the District’s gun laws and how you may be able to get your conviction overturned. Part II will discuss the pros and cons of trying to get your conviction overturned. Finally, Part III will discuss a class action lawsuit filed by Scrofano Law PC and The Law Office of William Claiborne III on behalf of folks who were prosecuted in DC under the city’s unconstitutional gun laws.
In July of 2014, a federal judge in the District Court for the District of Columbia ruled that the city’s “carrying a pistol” statute was unconstitutional. At that time, the District maintained an absolute ban on the carrying of a pistol. No mechanism existed to obtain a concealed carry permit. In Palmer v. District of Columbia, Judge Scullin ruled that right to bear arms articulated in the Second Amendment of the Constitution extended beyond the right to self defense in the home and to “carry” as well.