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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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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.
1 posted on 05/19/2015 11:43:46 AM PDT by justlurking
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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))
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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.)
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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.)
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To: All
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

5 posted on 05/19/2015 11:47:24 AM PDT by justlurking (tagline removed, as demanded by Admin Moderators)
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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!)
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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)
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To: JimRed
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.

8 posted on 05/19/2015 11:58:38 AM PDT by justlurking (tagline removed, as demanded by Admin Moderators)
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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...)
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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
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To: Old Sarge
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.

11 posted on 05/19/2015 12:10:53 PM PDT by justlurking (tagline removed, as demanded by Admin Moderators)
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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...)
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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.)
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To: justlurking

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

BTW, what was your tagline?


14 posted on 05/19/2015 12:32:22 PM PDT by lordpumblechook
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To: kinsman redeemer

I’d go with “I’m an American!”


15 posted on 05/19/2015 12:33:01 PM PDT by lordpumblechook
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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.)
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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.)
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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.)
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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
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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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