Posted on 08/03/2017 4:50:20 PM PDT by marktwain
A three judge panel on the D.C. Court of Appeals has struck down the District of Columbia “may issue” concealed carry law.
The District of Columbia bans the open carry of firearms. With its law banning the concealed carry of firearms except in exceptionally rare cases, it has effectively banned the carry of weapons outside the home.
The three judge panel of the D.C. Court of Appeals ruled the law to be an unconstitutional infringement on the right to bear arms.From foxnews.com:
D.C. requires gun owners to have a “good reason” to obtain a concealed carry permit.
The U.S. Court of Appeals for the D.C. Circuit struck down the regulation as too restrictive in a 2-1 decision, The Washington Post reported.
“The good-reason law is necessarily a total ban on most D.C. residents’ right to carry a gun in the face of ordinary self-defense needs,” Judge Thomas B. Griffith wrote, according to the paper.
“Bans on the ability of most citizens to exercise an enumerated right would have to flunk any judicial test.”
Our first question is whether the Amendment’s “core” extends to publicly carrying guns for self-defense. The District argues that it does not, citing Heller I’s observation that “the need for defense of self, family, and property is most acute” in the home. Id. at 628. But the fact that the need for self-defense is most pressing in the home doesn’t mean that self-defense at home is the only right at the Amendment’s core. After all, the Amendment’s “core lawful purpose” is self-defense, id. at 630, and the need for that might arise beyond as well as within the home.
(Excerpt) Read more at ammoland.com ...
I expect them to run the clock to the end and then ask for the review.
The D.C. Circuit has refused an en banc review in two previous Second Amendment cases.
Good, this ruling should be used to free the other communist states.
SCOTUS most recently decided not to hear a very similar case, Peruta v San Diego. I hope they accept this case if it gets to them. We need a national precedent.
what does this mean ? Are gun owners still in limbo regarding any carry ?
If asked, there is a snowball's chance in Hades that the D.C. Court of Appeals would refuse en banc review.
Remember, we had a great opinion from the 9th circus 3 judge panel in Peruta, but the en banc review snatched defeat from the jaws of victory. I expect no less from D.C.
It means that the D.C. Circuit has ruled against the D.C. government’s claim that the Second Amendment does not include the right to carry weapons outside of the home.
If the case is upheld, it means that the D.C. carry permit law will become a “shall issue” law.
My best guess as to how this will unfold:
D.C. will ask for an en banc review about August 24th.
The D.C. Circuit will refuse them about September 15th.
D.C. will appeal the case to the Supreme Court.
The requirement to issue permits on a “Shall Issue” basis will remain in effect while the Supreme Court decides to take the case, or not.
If the D.C. Circuit agrees to an en banc (whole court) review, the D.C. Circuit will re-impose the “may issue” law.
The case will be appealed to the Supreme Court, which will refuse to hear it. Then everything will remain where we are now.
thanks
Wooohoo! I tell ya, I’ll plan a trip to DC and enjoy the Capital and monuments to our heroes and Founders and...., Wait, well, never mind, even if CC was possible, I would not visit that or any other big city for fun.....
....Good, this ruling should be used to free the other communist states...
This ruling only affects the few states within the boundary of the DC Circuit.
Oops..DC Circuit just DC
I read through this decision a few days ago. It is pretty good and I wholeheartedly would endorse folks reading the entire thing. The dissent, on the other hand was extraordinarily thin. The dissenting judge hangs pretty much the entirety of her argument on the rather strange notion that the 2nd Amendment has no force outside of the home. Kinda sad really, but it’s pretty much what they’ve been reduced to.
Other cases can be brought against the communist states and this ruling can be cited.
I would think that living in DC would be a good reason for CCW seeing it’s extreme crime rate.
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Okay, another step but what does this mean in practical terms? Can a DC resident or non-resident now get CCW? Is this now SHALL ISSUE?
That sounds you hear is Bloomberg’s head exploding.
8^)
5.56mm
Sound not sounds.
It’s the damn autocorrect, not the Russians.
5.56mm
Article I §8: "The Congress shall have the power...To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States..."
Congress should mandate 50-state reciprocity for DC THIS VERY AFTERNOON, as it is clearly within their authority to do just that.
The government of DC is the United States Congress.
Article I §8: "The Congress shall have the power...To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States..."
Which is statistically more likely: A home invasion, or an assault/mugging/robbery/rape attempt OUTSIDE the home? These great legal minds appear to lack critical thinking skills.
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