SAF win in DC
From a press release, The Second Amendment Foundation reports:
The Second Amendment Foundation (SAF) today won a preliminary injunction against the District of Columbia and Metropolitan Police Chief Cathy Laniers enforcement of a requirement to provide a good reason when applying for a concealed carry permit.
Judge Frederick J. Scullin ordered that the city is enjoined from denying handgun carry licenses to applicants who meet the requirements of D.C. Code 22-4506(a) and all other current requirements for the possession and carrying of handguns under District of Columbia law.
Judge Scullin further wrote in his 23-page opinion that the Districts good reason/proper reason requirement has far more than a de minimis effect on [their] rights it completely bars the right from being exercised, at all times and places and in any manner, without exception and that the requirement impinges on Plaintiffs Second Amendment right to bear arms.
May 18th, 2015 at 8:35 pm
Good news indeed, especially when paired with Peruta in the Ninth. I love the timing on this, since the Ninth is getting ready to re-hear Peruta en banc.
But Chief Lanier can still deny issue for any reason or none, right?
May 19th, 2015 at 9:22 am
The SAF has had a good strategy of going after cities Chicago and DC. The cities are where gun control has been strongest. Now to get NYC to grant shall issue.
MD regrettable lost at Circuit Ct ever so the remedy has to be legislature and that will take several elections to get there.
May 19th, 2015 at 5:20 pm
Yeah, the problem being that courts don’t enforce their rulings so this means Jack and squat.
And Jack ran out of gum.
May 20th, 2015 at 4:18 pm
Veeshir,
The Court enforcing its first ruling is what led to this ruling. Cynicism is fine, as long as it’s informed.
May 20th, 2015 at 4:28 pm
D.C. should have roll on may issue and jacked the training to a police level 80 hours. Require 95% passing score for shooting and a written test. But that would go against the very essence of their being.
May 20th, 2015 at 10:56 pm
The Court enforcing its first ruling is what led to this ruling. Cynicism is fine, as long as it’s informed.
The court relies on law-enforcement to enforce their rulings.
In other words, they’re relying on the “Justice” Dept or the DC police to enforce this.
Not gonna happen.
May 21st, 2015 at 11:50 am
The DC regime has been interesting to watch as it’s the first May Issue carry law to be enacted in several decades.
It’s also showing that a new law is harder to defend than an existing “status quo” law.
Also specifically tailoring to the may issue aspect (and not training or background requirements… yet) has the effect of forcing the antis do explicitly defend that the police should be empowered to deny permits to citizens that have **passed** their background tests and met their training demands.
May 21st, 2015 at 4:18 pm
Veeshir,
The Court already has forced DC to submit to their will in Heller, Heller II, and by creating the may-issue regime in the first place. There’s no reason to doubt they won’t do so again.
May 21st, 2015 at 5:06 pm
We’ll see.
I’d like to be wrong, but I trust neither the DC police nor the “Justice” Dept.