DC: Anti-carry law loses again

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ELB
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DC: Anti-carry law loses again

Postby ELB » Tue May 17, 2016 3:05 pm

https://www.washingtonpost.com/local/pu ... story.html

A federal judge has ruled that a key provision of the District’s new gun law is likely unconstitutional, ordering D.C. police to stop requiring individuals to show “good reason” to obtain a permit to carry a firearm on the streets of the nation’s capital.

...

[US District Judge John J.] Leon said that the right applies both inside and outside the home.

...

The law gives police discretion to grant licenses to applicants who show “good reason to fear injury” or “any other proper reason for carrying a pistol,” such as having a job transporting cash or other valuables.

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.
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Re: DC: Anti-carry law loses again

Postby LosAlce » Tue May 17, 2016 3:59 pm

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Re: DC: Anti-carry law loses again

Postby joe817 » Tue May 17, 2016 9:43 pm

Verrrrryyyyy interesting! Thanks for posting ELB. :tiphat:

Could D.C. be possibly be heading towards "shall issue"? Let's hope so!
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Re: DC: Anti-carry law loses again

Postby C-dub » Wed May 18, 2016 8:46 am

joe817 wrote:Verrrrryyyyy interesting! Thanks for posting ELB. :tiphat:

Could D.C. be possibly be heading towards "shall issue"? Let's hope so!

It would be nice, but they'll probably fight it. Then the left will get another federal judge or court to rule the other way setting up another trip to SCOTUS. And they'll probably try to do it quick, while there is a 4-4 split.
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Re: DC: Anti-carry law loses again

Postby MikeyJ » Wed May 18, 2016 10:05 am

C-dub wrote:
joe817 wrote:Verrrrryyyyy interesting! Thanks for posting ELB. :tiphat:

Could D.C. be possibly be heading towards "shall issue"? Let's hope so!

It would be nice, but they'll probably fight it. Then the left will get another federal judge or court to rule the other way setting up another trip to SCOTUS. And they'll probably try to do it quick, while there is a 4-4 split.


Good luck getting it done quickly. DC could appeal the decision to the court of appeals. Once the three-judge panel rules, the losing side will probably request rehearing by the full court of appeals (usually 12 judges). No matter how it comes out, the case will probably be dropped by Grace or DC and won't go to SCOTUS with a 4-4 split. Why? If DC wins at the appeals court, Grace won't risk a SCOTUS 4-4 tie that upholds the DC victory and that New York, New Jersey, etc. can rely on to continue their similar licensing requirements. If Grace wins, DC (and the left) won't risk the 4-4 tie that goes against them. Either way, it will take until the next election for the case to work its way through the courts and SCOTUS will be back to full strength by the time the case gets there.


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Re: DC: Anti-carry law loses again

Postby crazy2medic » Wed May 18, 2016 10:21 am

If the Judge ordered then to immediately implement his ruling how does the city get around that?
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Re: DC: Anti-carry law loses again

Postby ScottDLS » Wed May 18, 2016 10:32 am

crazy2medic wrote:If the Judge ordered then to immediately implement his ruling how does the city get around that?


I think they will try to get DC Circuit to stay the ruling pending appeal, but interestingly enough, there was supposedly "constitutional carry" in DC for a short time, the last time the law was struck down until the higher court stayed the ruling. :shock:
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