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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: stephenjohnbanker
Everywhere I stayed had AC. And we just missed the summer so the temps weren't too bad.

But I did my research because I at minimum wanted to be able to carry a knife. But doing so would have been illegal. They apparently want you to be an easy victim.

41 posted on 05/19/2015 6:26:29 PM PDT by South40 (Hillary Clinton was a "great secretary of state". - Texas Governor Rick Perry)
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To: South40

I didn’t know they banned knives too. That is a bit strange.


42 posted on 05/19/2015 6:47:31 PM PDT by stephenjohnbanker (My Batting Average( 1,000) (GOPe is that easy to read))
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To: stephenjohnbanker

I researched it before I went and the law stated specifically that carrying a knife is not allowed with few exceptions, self defense not being one of them.


43 posted on 05/19/2015 6:52:23 PM PDT by South40 (Hillary Clinton was a "great secretary of state". - Texas Governor Rick Perry)
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To: South40

You should have told them you were a chef : )


44 posted on 05/19/2015 7:00:25 PM PDT by stephenjohnbanker (My Batting Average( 1,000) (GOPe is that easy to read))
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To: stephenjohnbanker

As I recall, according to Australian law, a chef can only carry a knife if he is going to or from work or if he just bought a new knife and is carrying it home. Seriously.


45 posted on 05/19/2015 7:05:33 PM PDT by South40 (Hillary Clinton was a "great secretary of state". - Texas Governor Rick Perry)
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To: South40

Sheesh....I never figured Aussies for nanny state type folk.


46 posted on 05/19/2015 7:08:42 PM PDT by stephenjohnbanker (My Batting Average( 1,000) (GOPe is that easy to read))
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To: stephenjohnbanker

This what happens when there is concerted effort by elites (Australia or USA) to strip average people via the use of media propaganda and politics of the right of self defense. Their wealth and connections ensure they have law enforcement in the palm of their hand or possess their own security. Some might claim it is a liberal or Party thing but I tend to see it as more and an urban class and cultural thing.


47 posted on 05/19/2015 8:33:21 PM PDT by apoliticalone (Free speech and the 1st A is dead when it becomes illegal to criticize illegals or any others.)
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To: justlurking; Old Sarge
Just read about the Heller case in Mike Lee's excellent book, "The Lost Constitution." I got the impression it was 'case closed' after the Heller decision, because it was a Supreme Court decision. Between Heller eliminating the ban on firearms in D.C. and the Second Amendment, the discussion was finally over - for all of us.

Why doesn't Heller + The Second Amendment supersede all gun laws everywhere?

Guess the libs never quit pushing the 'forward' agenda. Ever vigilant. .

48 posted on 05/19/2015 10:15:24 PM PDT by Art in Idaho (Conservatism is the only Hope for Western Civilization.)
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To: justlurking

Any ideas on what their next trick will be in DC?


49 posted on 05/19/2015 10:23:07 PM PDT by MaxMax (Call the local GOP and ask how you can support CRUZ for POTUS, Make them talk!)
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To: South40

My, how things have changed, back when there was far more freedom in this country than exists now people used to talk about going to Australia where people were still free.


50 posted on 05/20/2015 5:24:57 AM PDT by RipSawyer (Racism is racism, regardless of the race of the racist.)
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To: South40

Last I heard - it may have changed - you can’t even keep your guns and ammo NEAR each other in Australia. Ammo has to be stored in a separate secure container, and they come to inspect your storage.


51 posted on 05/20/2015 9:10:00 AM PDT by arderkrag (STOP BEING PARANOID.)
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To: stephenjohnbanker
I guess the VIOLENT CRIME RATE is not a “good reason”

That this judge may have went the other way with the ruling is "GOOD REASON". 2A is not the "hunter's amendment". It also is not the "protection against street crime amendment". It is the PROTECTION OF LIFE, LIBERTY, AND PROPERTY amendment... which it is completely reasonable that government is the primary threat to those three things.

52 posted on 05/20/2015 11:18:29 AM PDT by Rodamala
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To: justlurking

“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”

Can one site the statistics of response to a 911 call vs. % of killings per capita vs. the % of homicide cases solved vs. ...

How ‘bout “I want what the same options and protection those elected in D.C. are given.” Oh, you mean I can’t get 5 bodyguards @ taxpayer expense; then I guess I’ll settle for exercising my 2nd Amend. RIGHTS instead.


53 posted on 05/20/2015 3:58:06 PM PDT by i_robot73 ("A man chooses. A slave obeys." - Andrew Ryan)
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To: TruthShallSetYouFree

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

Guess U ain’t talkn bout PoPo Hdqtrs huh??


54 posted on 05/20/2015 6:00:37 PM PDT by litehaus (A memory tooooo long)
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To: JimRed

In Massachusetts I am puzzled as to why I have to pay a fee to exercise a right. No fee = no permit.


55 posted on 05/20/2015 7:18:53 PM PDT by MSF BU (Support the troops: Join Them.)
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To: justlurking

If “good reason” laws are unconstitutional, the CCW laws of Maryland, New Jersey, New York (City and State) and Massachusetts are unconstitutional.

I don’t know of any other states that use a strict “good reason” standard, but I live in the Northeast and I am most affected by the NY-NJ-MD iron curtain when travelling overland.


56 posted on 05/26/2015 7:48:54 AM PDT by Jim Noble (If you can't discriminate, you are not free)
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