DC: Fed Court strikes "good reason" as unconstitutional

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ELB
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DC: Fed Court strikes "good reason" as unconstitutional

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Post by ELB » Mon May 18, 2015 11:41 pm

http://legalinsurrection.com/2015/05/bi ... ry-permit/" onclick="window.open(this.href);return false;

Plaintiffs were three individuals and SAF: Defendants were District of Columbia and the DC police chief.
After reviewing the entire file in this matter, the parties’ submissions and the applicable law, and for the above-stated reasons, the Court hereby

ORDERS that Plaintiffs’ motion for a preliminary injunction is GRANTED; and the Court further

ORDERS that Defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of the injunction are enjoined from enforcing the requirement of D.C. Code § 22-4506(a) that handgun carry license applicants have a “good reason to fear injury to his or her person or property or has any other proper reason for carrying a pistol,” including, but not limited to, the manner in which that requirement is defined by D.C. Code § 7-2509.11 and 24 D.C.M.R. §§ 2333.1, 2333.2, 2333.3, 2333.4, and 2334.1, against Plaintiffs Brian Wrenn, Joshua Akery, Tyler Whidby, and other members of Plaintiff Second Amendment Foundation, Inc.; and the Court further -22-Case 1:15-cv-00162-FJS Document 13 Filed 05/18/15 Page 23 of 23


ORDERS that Defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of the injunction, are 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; ...
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C-dub
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Re: DC: Fed Court strikes "good reason" as unconstitutional

#2

Post by C-dub » Tue May 19, 2015 6:34 am

That's good, but it's unfortunate that DC residents are having to fight so hard very every little step.

OTOH, maybe that's what they get for a million years of voting for those that only take away their rights.
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Re: DC: Fed Court strikes "good reason" as unconstitutional

#3

Post by RHenriksen » Tue May 19, 2015 7:33 am

It's at least the second, if not the third federal ruling against may issue, IIRC
I'll quit carrying a gun when they make murder and armed robbery illegal

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Re: DC: Fed Court strikes "good reason" as unconstitutional

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Post by C-dub » Tue May 19, 2015 7:38 am

RHenriksen wrote:It's at least the second, if not the third federal ruling against may issue, IIRC
California's was struck down a year or two ago.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
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Re: DC: Fed Court strikes "good reason" as unconstitutional

#5

Post by RHenriksen » Tue May 19, 2015 7:50 am

C-dub wrote:
RHenriksen wrote:It's at least the second, if not the third federal ruling against may issue, IIRC
California's was struck down a year or two ago.
Peruta, Which is being re-heard en banc on June 16:

http://www.ca9.uscourts.gov/content/vie ... 0000000722" onclick="window.open(this.href);return false;
I'll quit carrying a gun when they make murder and armed robbery illegal

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Re: DC: Fed Court strikes "good reason" as unconstitutional

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Post by RoyGBiv » Tue May 19, 2015 8:55 am

Seems that SCOTUS will have little choice but to decide on "good cause" and "may/shall issue" specifically.
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Re: DC: Fed Court strikes "good reason" as unconstitutional

#7

Post by C-dub » Tue May 19, 2015 9:18 am

Getting back to the OP, I think this will put a major crimp in any department's confiscation plans and for the resale of any firearms at auction.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider

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