Although the Heller decision dealt mostly with the "keeping" part of the right to keep and bear arms, one must assume that if the keeping of arms is an individual right, so must be the bearing of arms. This, predictably, has not stopped Washington DC Mayor Fenty from pretending that "keep and bear arms" means "keep and . . . keep arms."
Third, the Supreme Court’s ruling is limited to handguns in the home and does not entitle anyone to carry firearms outside his or her own home.Granted, the majority opinion states that one of the permissible limits on that which shall not be infringed ("permissible limits on that which shall not be infringed"--why is that so hard for me to comprehend?) is the banning of concealed carry. Although I cannot really grasp the justification (either Constitutional or moral) for such a restriction, I do acknowledge the historical precedent for such bans, as far back as the 18th century, so I suppose the argument could be made that the Framers were not averse to prohibitions of concealed carry.
Regardless, Fenty appears intent on banning open carry, and in so doing would seem to be opening DC to another legal challenge. Actually, another legal challenge may already be in the works, as the NRA appears to be moving in the direction of a challenge of DC's ban of semi-automatic firearms, based on a rather bizarre definition of "machine guns."
The D.C. semiautomatic weapon ban applies to any firearm capable of carrying 12 rounds or more. In effect, that restricts purchasers of modern handguns to revolvers -- such as the .38 Special or its powerful successor, the .357 Magnum -- which typically carry five or six rounds at a time and cannot be modified to hold more.While they're at it, I would hope the NRA challenges the ban on carrying firearms outside one's home.
Most other handguns are outlawed, even though most are designed for magazines that carry 10 rounds or less, because they could carry more rounds with modified magazines. Weapons capable of holding such magazines are illegal "machine guns" under D.C. law.
Living in Illinois, which might (I'd have to check) be the only state to utterly ban both concealed and open carry (although open carry is permitted outside incorporated areas), that's a challenge I would certainly like to see. Such an effort could be made here, of course, but it seems to me that there might be a couple reasons that DC would be a better place for it. First, of course, is the fact that there would be no need to first settle the question of incorporation--it is now settled law that the Second Amendment is applicable against DC gun laws. Secondly, the DC Appellate Court has shown itself to be at least somewhat inclined to protect gun rights--I am not so sure that this is the case in the 7th Judicial Circuit (in which Illinois lies).
This looks like an area on which we could gain some ground. I would hope we do not fail to do so.