Judge Strikes Down DC Carry Law, "Good Reason" Provision Unconstitutional

Townhall ^ | 2015-05-19 | Matt Vespa

[justlurking]

On Monday, a federal judge struck down DC’s concealed carry law, calling the requirement for applicants to show “a good reason to fear injury to his or her person, which shall at a minimum require a showing of a special need for self protection distinguishable from the general community” as unconstitutional. Applicants had to document threats to their personal safety as well. Judge Frederick Scullin, who also struck down DC’s ban on carrying firearms outside of one’s home last summer, issued a preliminary injunction after two Florida residents sued over the DC’s onerous statute.

[justlurking]

The Washington Free Beacon’s Stephen Gutowski documented his attempt to obtain a DC permit; he was denied for failing to meet the “good reason” provision. Right now, only eight people are allowed to carry a concealed firearm in DC out of a city whose population is close to 650,000.

[stephenjohnbanker]

I guess the VIOLENT CRIME RATE is not a “good reason”

[Crazieman]

Come to Kansas where July 1st, all you need is a weapon and a smug sense of knowing you’re covered under the second amendment like you’re supposed to be.

[TruthShallSetYouFree]

There are some areas of D.C. wherein, if you are not carrying, you’re the only one.

[justlurking]

I accidentally hit "post" instead of "preview": I wanted to add a few URLs referenced in the article:

Federal Judge Strikes Down Heart Of D.C.'s New Concealed Carry Law

For a DC Carry Permit, Among the Rejected

DC Issues First Gun Carry Permits

[JimRed]

So, does that also strike down New Jersey’s requirement that you “prove a need” to obtain a carry permit?

Mind you, I still consider ANY requirement for a permit or registration an infringement...

[umgud]

Lots of law abiding citizens in Detroit get ccw’s, why not DC? We do have a right to both keep and bear arms.

[justlurking]

So, does that also strike down New Jersey’s requirement that you “prove a need” to obtain a carry permit?

I don't think so. This is a US District Court. It may have to be appealed, and ruled by the Supreme Court, before it will apply to the entire country.

[Old Sarge]

Someone explain how this and DC v. Heller lock horns?

[Noamie]

I would note that the Mayor is “threatening my life” by not allowing me the human right to self defense and access to my Constitutional Rights.

[justlurking]

Someone explain how this and DC v. Heller lock horns?

It doesn't. It has been a progression:

1. DC v. Heller eliminated the ban on firearms in DC. DC responded by only allowing possession within your home.
2. Palmer v. DC eliminated the ban on carrying firearms outside the home. DC responded by enacting a CHL law that required the applicant to "show need".
3. This ruling eliminates the provision to "show need" for a CHL.

[Old Sarge]

Thank you for that - one of the best things about FR is the sheer data weight available...

[kinsman redeemer]

That's good.

Here's the "good reason" I would have given:

"Over-reaching government."

[lordpumblechook]

You seem to be a man in the know... Good deal.

BTW, what was your tagline?

[lordpumblechook]

I’d go with “I’m an American!”

[Blood of Tyrants]

Years ago when Minnesota still had a “may issue” carry permit, the police chief in the Twin Cities would routinely deny all requests except by a favored few. However, in the rural counties the sheriffs would grant you a permit if you simply stated you might go to the Twin Cities.

[Blood of Tyrants]

NJ will probably not honor the judge’s ruling. Their case will probably have to be adjudicated separately. They won’t give up their bias against armed citizens easily.

[ChicagahAl]

Applicants had to document threats to their personal safety as well.

Would a printout of all the registered Democrats in DC suffice?

[Shadow44]

Why do you have to have a “good reason” for a constitutional right?

Do I have to have “good reason” to practice any other constitutional right?

[Bon of Babble]

As usual, California is dead last in these things. Guns will be allowed openly in Chicago before restrictive gun laws are lifted in California.