Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Federal judge again rules key part of new D.C. gun law unconstitutional
Washington Post ^ | May 18, 2015 | By Spencer S. Hsu

Posted on 05/19/2015 2:39:43 PM PDT by Brad from Tennessee

Ten months after striking down the District’s long-standing ban on carrying firearms in public as unconstitutional, a federal judge Monday ordered the city to halt enforcing a key provision of the new gun-permitting system it adapted in response.

As passed by the D.C. Council, the District’s new carry legislation remains among the strictest in the nation, requiring applicants to state good reason to carry a weapon in order to obtain a permit from police, matching laws in Maryland, New Jersey and New York.

However, in a 23-page opinion, U.S. District Judge Frederick J. Scullin Jr. ruled that condition — known as the “good reason/proper reason” requirement — still “impinges on Plaintiffs’ Second Amendment right to bear arms,” because it fails to target dangerous people or specifically how or where individuals carry weapons.

“The issue here is not whether the . . . requirement is a reasonable or wise policy choice. Rather, the issue is whether this requirement, no matter how well intended, violates the Second Amendment,” Scullin wrote. . .

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; Extended News; US: District of Columbia
KEYWORDS: 2ndamendment; banglist; dc; districtofcolumbia; lawsuit; searchworks; secondamendment; seebreakingnews

1 posted on 05/19/2015 2:39:43 PM PDT by Brad from Tennessee
[ Post Reply | Private Reply | View Replies]

To: Brad from Tennessee

“Sure, I’ve got a good reason. It’s my constitutional right.”


2 posted on 05/19/2015 2:42:42 PM PDT by Cicero (Marcus Tullius)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Brad from Tennessee

I understand why DC wants to have no guns in DC. With so many Secret Service, FBI, ATF and DEA drunks running all over the city, having more guns just increases the chaos. Maybe if the Feds got their people under control, DC wouldn’t have to have extreme measures. I mean, they shot and killed an unarmed female with a child in the car!


3 posted on 05/19/2015 2:43:11 PM PDT by realcleanguy
[ Post Reply | Private Reply | To 1 | View Replies]

To: Brad from Tennessee

I would like to see our courts appoint masters over certain issues that we know the government will just tweak a law, implement a rule, or a statutory or a statutory regulation then reset the clock back two more years for litigation to catch up.


4 posted on 05/19/2015 3:03:08 PM PDT by Usagi_yo (Abuse rolls down hill.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Brad from Tennessee
Federal judge AGAIN rules key part of new D.C. gun law unconstitutional

They will just keep trying. Eventually a judge will decide "the right way" and then the law will be settled and any further attempts to get a ruling on the issue will be laughed at.

The Left has great success with this sort of persistence.

5 posted on 05/19/2015 3:07:04 PM PDT by ClearCase_guy ("It's not easy being drunk all the time; everyone would do it, if it were easy.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: ClearCase_guy

“They will just keep trying. Eventually a judge will decide “the right way” and then the law will be settled and any further attempts to get a ruling on the issue will be laughed at.”

I’m waiting for that to happen. Our completely worthless SCOTUS picks at the 2A like it’s a scab. I am waiting for the day when the judiciary tells the RATS “don’t mess with the 2A any more. If you do, we will see that you do jail time!” Making them pay (using our money) isn’t going to stop them. They need to know that they are going away.


6 posted on 05/19/2015 3:14:02 PM PDT by vette6387
[ Post Reply | Private Reply | To 5 | View Replies]

To: Brad from Tennessee

The D.C. city council has the opposite of “good faith” in this, with one councilman going so far as to say that they knew it was unconstitutional when they wrote it, and after a long time strung out in appeals process it is overturned, they will immediately pass another unconstitutional law to take its place. Wash, rinse, repeat.


7 posted on 05/19/2015 3:49:00 PM PDT by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
[ Post Reply | Private Reply | To 1 | View Replies]

To: realcleanguy
they shot and killed an unarmed female with a child in the car!

Yeah, but she was black, so Congress gave her death a standing ovation.

8 posted on 05/19/2015 3:52:09 PM PDT by Sirius Lee (All that is required for evil to advance is for government to do "something")
[ Post Reply | Private Reply | To 3 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson