DC’s Latest Attempt to Squelch Citizens’ Gun Rights Smacked Down by Federal Judge

by Warner Todd Huston | May 19, 2015 4:48 pm

Washington D.C. has been forced to allow residents to apply for concealed carry permits, but city officials thought they had a great way to put limits on permits by forcing citizens to somehow “prove” they deserved their permits–as if that Constitution thingie wasn’t all the proof they needed. Anyway, now a federal judge has thrown out the city council’s effort to limit their citizens’ gun rights.

At issue was the city’s claim that citizens had to prove to officials that they “needed” to be allowed to have a concealed carry permit. It is called a “may issue” rule meaning that the city reserves the right to refuse and only that they might or “may” issue a permit.

In cities and states where the laws for CC holders are less stringent, it is generally called a “shall issue” rule meaning that all one need do is apply and you can usually get the permit if you don’t have a criminal record.

In any case, D.C. tried to institute a “may issue” rule and a federal judge smacked down the rule[1] saying it necessarily eliminated residents’ Second Amendment rights to be forced to somehow prove they deserved a permit.

Judge Scullin granted a preliminary injunction as a result of a lawsuit brought forth by three gun owners who sought to overturn the bureaucratic D.C. gun law claiming the regulations surrounding it make it impossible for the majority of law abiding individuals to qualify for a D.C. firearms permit.

“For all intents and purposes, this requirement makes it impossible for the overwhelming majority of law-abiding citizens to obtain licenses to carry handguns in public for self-defense, thereby depriving them of their Second Amendment right to bear arms,” Judge Scullin wrote within his 23 page opinion.

Local lawmakers created the D.C. gun permitting process after Scullin ruled the District’s long-time ban on carrying firearms in public was unconstitutional last year. The process was intended to set up a process for residents and non-residents alike to apply for concealed carry permits.

So, victory for the Second Amendment… for now.

  1. a federal judge smacked down the rule: http://dailycaller.com/2015/05/18/federal-judge-smacks-down-d-c-gun-permit-requirement/

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