Gun Control & RKBA

TeddyR

(2,493 posts) Tue May 17, 2016, 12:20 PM May 2016

U.S. judge strikes down D.C. concealed-carry gun law as likely unconstitutional

For the second time in as many years, a federal judge in Washington ordered the city to halt enforcement of its new, concealed-carry law that requires applicants to state “good reason” to carry a weapon in order to obtain a permit from police.

The preliminary injunction was contained in a 46-page ruling Tuesday by U.S. District Judge Richard J. Leon that will be in force pending further litigation. Leon declared the District’s gun-permitting system is likely unconstitutional. The system was adapted by the District after its long-standing ban on carrying firearms in public was overturned at court order in 2014.

[Read the judge’s full opinion here]

The city’s law, among the strictest in the nation, matches those in Maryland, New Jersey and New York that have been upheld by federal appeals courts elsewhere.

The case was brought by plaintiff Matthew Grace and the libertarian gun-rights group Pink Pistols.

Here's the link but not much more there - https://www.washingtonpost.com/local/public-safety/us-judge-strikes-down-dc-concealed-carry-gun-law-as-likely-unconstitutional/2016/05/17/d36d35dc-1c49-11e6-8c7b-6931e66333e7_story.html?hpid=hp_local-news_dcgunban1255pm%3Ahomepage%2Fstory

6 replies

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U.S. judge strikes down D.C. concealed-carry gun law as likely unconstitutional (Original Post) TeddyR May 2016 OP

I can't take it anymore. The backlash! Make it stop! beevul May 2016 #1

That's 2 backlashes in 2 days! DonP May 2016 #2

This is a big one - if/when this gets bumped to the Supreme court jmg257 May 2016 #3

LBN link... beevul May 2016 #4

I want to live long enough... CompanyFirstSergeant May 2016 #5

A little good progressive news for our DC folks...maybe. ileus May 2016 #6

beevul

(12,194 posts)

1. I can't take it anymore. The backlash! Make it stop!

Reply to TeddyR (Original post)

Tue May 17, 2016, 12:28 PM

May 2016

DonP

(6,185 posts)

2. That's 2 backlashes in 2 days!

Reply to TeddyR (Original post)

Tue May 17, 2016, 02:05 PM

May 2016

First the 9th Circuit and now for the 2nd time a Pro 2nd DC decision.

How much longer can this "The Tide is Turning" last?

All, in spite of what some verbose grabber types say, while violent crime continues to fall.

jmg257

(11,996 posts)

3. This is a big one - if/when this gets bumped to the Supreme court

Reply to TeddyR (Original post)

Tue May 17, 2016, 02:50 PM

May 2016

as other states have the "may issue" provisions.

These "good reason" requirements are out-right declared "unconstitutional".

Interesting, along with the review of Maryland's AWB, where the court was compelled "to conclude that the burden is substantial and strict scrutiny is the applicable standard of review for Plaintiffs’ Second Amendment claim".

Compared to New York Safe Act review, where the Court of Appeals came to "conclude that intermediate, rather than strict, scrutiny is appropriate".