Federal Judge Declares DC Gun Carry Law Unconstitutional
Via Free Beacon:
A federal judge has issued a preliminary injunction saying the District of Columbia’s new concealed carry law is unconstitutional.
The order, issued Monday by Judge Frederick J. Scullin, was the second decision in less than a year declaring the Washington, D.C., gun carry laws to be unconstitutional. In October of 2014, the same judge ruled that the district’s complete ban on gun carry was also in violation of the Constitution.
Scullin barred DC Metropolitan Police Chief Cathy Lanier from enforcing the city’s requirement that a person applying for a concealed carry permit must prove they have a “good reason” to need one. This requirement created a system where only those with police reports detailing violent threats against them could obtain a permit.
Critics said the requirement was the reason few permits had been issued thus far, and argued that it violates the Second Amendment.
The “good reason” clause was used to deny three men who wished to carry weapons in the District permits. The men—Joshua Akery, Tyler Whidby, and Brian Wrenn—joined with the Second Amendment Foundation to file suit against the city.
In Monday’s order, the court sided with the plaintiffs.
“This conclusion should not be read to suggest that it would be inappropriate for the District of Columbia to enact a licensing mechanism that includes appropriate time, place and manner restrictions on the carrying of handguns in public,” Judge Scullin said in his ruling. “The District of Columbia’s arbitrary ‘good reason’/’proper reason’ requirement, however, goes far beyond establishing such reasonable restrictions.” More