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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 DCs 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 DCs ban on carrying firearms outside of ones home last summer, issued a preliminary injunction after two Florida residents sued over the DCs 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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The Washington Free Beacons 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.
To: justlurking
I guess the VIOLENT CRIME RATE is not a good reason
2
posted on
05/19/2015 11:45:56 AM PDT
by
stephenjohnbanker
(My Batting Average( 1,000) (GOPe is that easy to read))
To: justlurking
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.
3
posted on
05/19/2015 11:46:06 AM PDT
by
Crazieman
(Article V or National Divorce. The only solutions now.)
To: justlurking
There are some areas of D.C. wherein, if you are not carrying, you’re the only one.
4
posted on
05/19/2015 11:46:37 AM PDT
by
TruthShallSetYouFree
(Today's Civil Rights movement: Black Lives Matter--unless they are cops.)
To: All
5
posted on
05/19/2015 11:47:24 AM PDT
by
justlurking
(tagline removed, as demanded by Admin Moderators)
To: justlurking
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...
6
posted on
05/19/2015 11:52:28 AM PDT
by
JimRed
(Excise the cancer before it kills us; feed & Ifwater the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
To: justlurking
Lots of law abiding citizens in Detroit get ccw’s, why not DC? We do have a right to both keep and bear arms.
7
posted on
05/19/2015 11:56:06 AM PDT
by
umgud
(I never capitalize; muslim, islam or allah)
To: JimRed
So, does that also strike down New Jerseys 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.
8
posted on
05/19/2015 11:58:38 AM PDT
by
justlurking
(tagline removed, as demanded by Admin Moderators)
To: justlurking
Someone explain how this and DC v. Heller lock horns?
9
posted on
05/19/2015 12:03:59 PM PDT
by
Old Sarge
(Its the Sixties all over again, but with crappy music...)
To: justlurking
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.
10
posted on
05/19/2015 12:09:47 PM PDT
by
Noamie
To: Old Sarge
Someone explain how this and DC v. Heller lock horns? It doesn't. It has been a progression:
- DC v. Heller eliminated the ban on firearms in DC. DC responded by only allowing possession within your home.
- 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".
- This ruling eliminates the provision to "show need" for a CHL.
11
posted on
05/19/2015 12:10:53 PM PDT
by
justlurking
(tagline removed, as demanded by Admin Moderators)
To: justlurking
Thank you for that - one of the best things about FR is the sheer data weight available...
12
posted on
05/19/2015 12:19:49 PM PDT
by
Old Sarge
(Its the Sixties all over again, but with crappy music...)
To: justlurking
That's good.
Here's the "good reason" I would have given:
"Over-reaching government."
13
posted on
05/19/2015 12:25:53 PM PDT
by
kinsman redeemer
(The real enemy seeks to devour what is good.)
To: justlurking
You seem to be a man in the know... Good deal.
BTW, what was your tagline?
To: kinsman redeemer
I’d go with “I’m an American!”
To: stephenjohnbanker
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.
16
posted on
05/19/2015 12:54:34 PM PDT
by
Blood of Tyrants
(A free society canÂ’t let the parameters of its speech be set by murderous extremists.)
To: JimRed
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.
17
posted on
05/19/2015 12:57:00 PM PDT
by
Blood of Tyrants
(A free society canÂ’t let the parameters of its speech be set by murderous extremists.)
To: justlurking
Applicants had to document threats to their personal safety as well. Would a printout of all the registered Democrats in DC suffice?
18
posted on
05/19/2015 1:01:47 PM PDT
by
ChicagahAl
(Today's Democrats are much more Fascist than Communist; but Sen Joe McCarthy was still right.)
To: justlurking
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?
19
posted on
05/19/2015 1:09:47 PM PDT
by
Shadow44
To: justlurking
As usual, California is dead last in these things. Guns will be allowed openly in Chicago before restrictive gun laws are lifted in California.
20
posted on
05/19/2015 1:10:00 PM PDT
by
Bon of Babble
(Inagodadavida, Baby!!)
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