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Judge Strikes Down DC Carry Law, "Good Reason" Provision Unconstitutional
Townhall ^ | 2015-05-19 | Matt Vespa

Posted on 05/19/2015 11:43:46 AM PDT by 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.

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


TOPICS: Breaking News; Government; News/Current Events; US: District of Columbia; US: Florida
KEYWORDS: 2ndamendment; banglist; carry; concealedcarry; dc; districtofcolumbia; florida; frederickscullin; goodreason; judge; provision; scullin; secondamendment; secondammendment; unconstitutional; washington; washingtondc
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To: Bon of Babble

Didn’t CA loose the “may issue” case a while back?


21 posted on 05/19/2015 1:16:16 PM PDT by matt04
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To: Blood of Tyrants

The irony did not escape me : )


22 posted on 05/19/2015 1:18:31 PM PDT by stephenjohnbanker (My Batting Average( 1,000) (GOPe is that easy to read))
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To: justlurking

Document threats?

I could do that!

“My neighbor said he would put a pipe through my butt...”

“He also said he would keel-haul me...”

“And literally mow me down wi his tractor.”

Is that acceptable documentation?


23 posted on 05/19/2015 1:37:30 PM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Federal-run medical care is as good as state-run DMVs.)
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To: JimRed

I too. I see no need for any registration. Thank God my dad didn’t need it in the old days. He had some 3 longarms as a kid in Maine, and moved to Maryland with all. Still has them. Those were the days, no questions asked.


24 posted on 05/19/2015 1:41:06 PM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Federal-run medical care is as good as state-run DMVs.)
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To: matt04; All

California lost “may issue” with the Peruta ruling, but the Peruta ruling has been appealed to the full Ninth Circuit.

Oral arguments are coming up in June, 2015.

http://gunwatch.blogspot.com/2015/05/peruta-en-banc-oral-arguments-to-be.html


25 posted on 05/19/2015 1:51:21 PM PDT by marktwain
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To: justlurking; stephenjohnbanker; TruthShallSetYouFree; JimRed; umgud

The “good reason” is that I have a Constitutional Right to carry.

The citizen should never have to provide a good reason. It is the government that must supply a good reason why I should not carry. There are very few “good reasons” that should qualify. Being a criminal with a history of violence is one.

We need to get off the defense on this and go on offense and put the government/courts on defense. Force them to provide “good reasons”. Don’t let them force us to do so.


26 posted on 05/19/2015 1:56:35 PM PDT by generally (Don't be stupid. We have politicians for that.)
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To: justlurking

Thanks for the clarification.


27 posted on 05/19/2015 2:00:14 PM PDT by Sir Napsalot (Pravda + Useful Idiots = CCCP; JournOList + Useful Idiots = DopeyChangey!)
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To: generally
There are very few “good reasons” that should qualify. Being a criminal with a history of violence is one.

The Constitution doesn't deny felons the right either. Anyone who can't be trusted to be armed should not be running around loose.

28 posted on 05/19/2015 2:04:41 PM PDT by JimRed (Excise the cancer before it kills us; feed & Ifwater the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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To: generally

” The citizen should never have to provide a good reason. It is the government that must supply a good reason why I should not carry.”

NAILED It


29 posted on 05/19/2015 2:09:40 PM PDT by stephenjohnbanker (My Batting Average( 1,000) (GOPe is that easy to read))
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To: justlurking

Could this be an indicator that our courts might be beginning to recognize the Constitution in its clarity and simplicity is something to be considered.


30 posted on 05/19/2015 2:09:48 PM PDT by PoloSec ( Believe the Gospel: how that Christ died for our sins, was buried and rose again)
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To: justlurking

Come on people, if we can’t give the advantage to the criminals then we are racist.


31 posted on 05/19/2015 2:34:55 PM PDT by GrandJediMasterYoda (B. Hussein Obama: 17 acts of Treason and counting.)
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To: JimRed

Tell you what, if SCOTUS says states have to recognize gay “marriages” performed outside their borders, I’d file suit the next day to extend the same recognition to firearms.


32 posted on 05/19/2015 3:33:59 PM PDT by Colonel_Flagg ("Politics is downstream from culture." -- Andrew Breitbart)
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To: stephenjohnbanker
I recently returned from a trip to Australia where self defense is not considered "good reason" to carry a knife. Of course guns are not permitted either.

It was a very nice place to visit but I sure wouldn't want to live there.

33 posted on 05/19/2015 3:42:45 PM PDT by South40 (Hillary Clinton was a "great secretary of state". - Texas Governor Rick Perry)
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To: stephenjohnbanker

The VIolent Crime Rate is the new “norm” for the white, gated community liberals, but is has been the “Old Norm” for decades.

White liberals don’t care about poor blacks unless there is money or votes in it.

Calling Al Sharpton. Free buffet in the dining room!


34 posted on 05/19/2015 4:14:17 PM PDT by MadMax, the Grinning Reaper (madmax)
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To: justlurking
Can't you just feel LIBTARD heads all over DC and indeed in NYC (Bloomberg) and Soros wherever HE is, just exploding?
35 posted on 05/19/2015 4:17:25 PM PDT by ExSoldier ("Terrorists: They hate you yesterday, today, and tomorrow. End it, no more tomorrows for them!)
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To: JimRed

I don’t understand. Recent court rulings have used the most absurd reasoning to find that certain things violated the constitution.
Yet the second amendment gets ignored in so many states.


36 posted on 05/19/2015 4:57:01 PM PDT by dp0622
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To: South40

The heat and humidity is bad too......and many people don’t have air conditioning.


37 posted on 05/19/2015 5:12:52 PM PDT by stephenjohnbanker (My Batting Average( 1,000) (GOPe is that easy to read))
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To: MadMax, the Grinning Reaper

The only thing Sharpton will ever do jail time for is first degree” Felony Buffet”


38 posted on 05/19/2015 5:14:12 PM PDT by stephenjohnbanker (My Batting Average( 1,000) (GOPe is that easy to read))
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To: generally

Ditto


39 posted on 05/19/2015 5:17:27 PM PDT by umgud (I never capitalize; muslim, islam or allah)
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To: justlurking

More from the fascist anti-gun law in DC:

“Scullin did not touch the other provisions of the law, which include strict limitations on where concealed guns can be carried. Under the city’s law, the holder of a concealed handgun cannot enter government buildings, schools, libraries, most bars and restaurants, or use public transportation. They also have to stay 1,000 feet away from any U.S. or foreign dignitary.”

This gives a small hint of how scared the elitist pigs are of armed citizens.


40 posted on 05/19/2015 5:47:14 PM PDT by sergeantdave
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