DC Circuit Issues Permanent Injunction: 'Good Reason' for Concealed Carry Unconstitutional


The DC Circuit split with several federal appeals courts that upheld similar "good reason" or "good cause" requirements elsewhere, citing other types of lawful gun restrictions.

Today the D.C. Circuit Court of Appeals struck down the District's "good reason" requirement, which obliges individuals to demonstrate a special need before being allowed to carry a gun.

A federal appeals court on Tuesday struck down Washington, DC's latest attempt to limit residents' right to carry guns in public.

At the Second Amendment's core lies the right of responsible citizens to carry firearms for personal self-defense beyond the home, subject to longstanding restrictions.

In Tuesday's decision by the D.C. Circuit Court, the majority declared that the right to carry a gun in public for self-defense is at "the core" of the Second Amendment's right. "Its "first in-depth examination of the Second Amendment" is younger than the first iPhone".

In that case, the 9th Circuit said the Second Amendment does not protect the right to carry a concealed weapon in public. "This has been a long legal battle, Justice delayed is justice denied". The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the armed services.

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Judge Karen LeCraft Henderson dissented, stating that she agrees with other appeals courts that have held the Second Amendment does not protect a right outside the home.

Pratt blasted Henderson, saying she missed the entire point of the lawsuit. "Keeping a gun at home is like keeping a auto in the garage - even though we need our gun and our vehicle much more away from home".

West Virginia Attorney General Patrick Morrisey led a five-state coalition in urging the U.S. Supreme Court to review a federal appeals court decision that unnecessarily burdens an individual's constitutional right to bear arms lawfully. That's why we fought his soldiers. "I think that when the panel was announced, there was a lot of concern that these were very conservative judges".

Larry Pratt, executive vice president of Gunowners of America.

The case could also ultimately end up in front of the United States Supreme Court which, since its rulings in Heller (2008) and McDonald (2010), hasn't seen fit to offer further guidance to lower courts on whether the 2nd Amendment applies outside the home. The local law would also allow a license to be issued to a person whose job requires them to carry around cash or valuables.

Both plaintiffs had sought an injunction against enforcing the District's "good reason" requirement for the issuance of gun-carry licenses.

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Although the Washington, D.C., government would now have the option of going back to the Supreme Court to challenge Tuesday's ruling by the D.C. Circuit, the Justices have refused repeatedly to clarify just how far the Second Amendment right extends.

Griffith added, "Bans on the ability of most citizens to exercise an enumerated right would have to flunk any judicial test".

Some background: the District banned all handgun possession, including in the home, in 1976.

"The good-reason law", Judge Griffith wrote, "is necessarily a total ban on most D.C. residents' right to carry a gun in the face of ordinary self-defense needs..." "To say we are delighted with the ruling would be an understatement".

Right now, there are about 124 concealed handgun permit holders in D.C., Lott told Fox News.

At oral argument in September, the D.C. Circuit was reviewing two challenges to the city's law that resulted in conflicting opinions and was asked to decide whether the city's permitting restrictions could remain in place while the broader challenge to the law is litigated. Living or working "in a high crime area shall not by itself establish a good reason".

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