FEDERAL JUDGE: “May Issue” Carry Permit Requirement is Unconstitutional

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District of Columbia – 

Less than a year after striking down D.C.’s unconstitutional handgun-carry ban, a federal judge ordered D.C. to end a new provision it adapted as a response to his original ruling.

The new permitting system as was passed by the D.C. Council, the new legislature was still very strict. It required applicants to state ‘good reason’ to carry, in order to be issued a carry permit. The permitting requirement didn’t even survive a year.

In a 23 page opinion, District Judge Frederick J. Scullin Jr.  ruled that the ‘proper reason’ requirement “impinges on the plaintiffs’ Second Amendment right to bear arms,” as it failed to target dangerous people or to specify how or where permit holders could carry weapons.

“The issue here is not whether the . . . requirement is a reasonable or wise policy choice. Rather, the issue is whether this requirement, no matter how well intended, violates the Second Amendment,” Scullin wrote.

Despite the provision being ruled unconstitutional, applicants must still pass background checks and training requirements to obtain a carry permit in the nation’s capitol.

D.C. Attorney General Karl A. Racine said in a statement, “We are reviewing the ruling; however, we believe that the law passed by the Council is constitutionally valid”. The District argued throughout the case that the proliferation of legal firearms in jurisdictions with more permissive gun regulations has led to an increased risk of gun deaths.

Judge Scullin obviously disagreed, offering the following in his opinion, “Is the Court to conclude that people who do not have a heightened need for self-protection are more likely to commit violent crimes?”

The Judge’s opinion is contrary to that of the US Court of Appeals (4th Circuit) which recently upheld a similar “may-issue” concealed carry law.

“The District can still regulate the carrying of firearms in the interest of public safety, but the city has to come to terms with the fact they are regulating a fundamental right.”

6 Comments on "FEDERAL JUDGE: “May Issue” Carry Permit Requirement is Unconstitutional"

  1. dcarmichiel | May 23, 2015 at 6:52 pm |

    as per the usual gun banners rhetoric quoting nonexistantor out of context data to try and manipulate public opinion about issues.
    D.C. Attorney General Karl A. Racine said in a statement, “We are reviewing the ruling; however, we believe that the law passed by the Council is constitutionally valid”. The District argued throughout the case that the proliferation of legal firearms in jurisdictions with more permissive gun regulations has led to an increased risk of gun deaths.

  2. dcarmichiel | May 23, 2015 at 7:02 pm |

    note the terms used here “an increased rick of gun deaths” which while factually true is miss used as what they really mean to say is it has lead to an “increased number of gun related deaths of armed robbers and burglars and carjackers”, not to unarmed or armed law abiding citizens. this is how they try and manipulate the truth seemingly unaware that in 2015 we have this shiny new toy called THE INTERNET that lest us fact check bullshit like this in seconds

  3. “D.C. Attorney General Karl A. Racine said in a statement, “We are reviewing the ruling; however, we believe that the law passed by the Council is constitutionally valid”.”

    Sounds to me like they intend to defy the court order and continue to make people justify a need for a carry permit.

  4. We need to stop playing and everyone just start carrying. What are they going to do, jail everyone? It is a right and everyone just acts as if we need permission for a right

  5. Statistics WILL (later) show the crime rate go DOWN, like it did in Chicago. When LAWFUL citizens are able to defend themselves against thug, the number of thugs on the street goes down. (in the hospital or morgue) Crooks WILL always get guns – just like they do drugs and “other things”

  6. Larry zimmerman | May 25, 2015 at 10:43 am |

    If 99 0/0 of legal gun don’t comit crimes, why are they trying to take away.

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