In a major development in the ongoing effort to restore the Second Amendment in Washington, D.C., the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion on Tuesday that would effectively require D.C. officials to make concealed carry licenses available on a shall-issue basis.
The courts decision comes in the combined cases of Wrenn v. D.C. and Grace v. D.C.
Following the landmark case of District of Columbia v. Heller, which recognized a Second Amendment right to have operable handguns in the home for self-defense, the District retaliated by banning carrying of firearms outside the home.
A lower federal court found D.C.s carry ban also violated the Second Amendment, but rather than comply with that ruling, D.C. created a sham system for concealed carry permits that requires applicants to show a good or proper reason for needing to carry a concealed handgun. This includes a special need for self-protection distinguishable from the general community, job duties requiring the transport of large amounts of cash or valuables, or the need to protect a close relative who cannot provide for his or her own special self-defense needs. Practically speaking, this means the vast majority of law-abiding people who simply want to carry a handgun for self-dense in ordinary circumstances are automatically disqualified.
Licensed concealed carry, moreover, is the only option for ordinary people to lawfully carry a loaded, accessible firearm for self-defense outside the persons home or business in D.C., so in effect the ban on carry already found unconstitutional remains.
Wrenn and Grace therefore presented the appellate court with the questions of whether the Second Amendments right to bear arms for self-defense extends beyond the home and, if so, whether District officials could nevertheless deny that right to all but a select, hand-picked few. The courts answer to those questions was a resounding yes and no, respectively.
The D.C. Circuit analogized the Districts current concealed carry licensing regime to the ban on keeping handguns at issue in Heller. The issue, the court stated, is not whether a few select people could exercise the right but whether it was available to responsible, law-abiding people in ordinary circumstances.Because the court found that D.C.s good or proper reason requirement was effectively a ban on bearing arms by people entitled to Second Amendment protection, it declared the requirement invalid and barred its enforcement.
The upshot of this decision is that D.C. must now issue concealed carry licenses to all otherwise eligible applicants, i.e., those who pass the Districts background check and training requirements and pay the applicable fees. Unfortunately, the courts order is effectively on hold while District officials determine their next legal move. That could mean asking for a rehearing before the full D.C. Circuit or appealing directly to the U.S. Supreme Court.
How the District will proceed remains to be seen, but in the meantime, your NRAs efforts in the Grace case have for now contributed to winning a vital battle in the continuing conflict over the right to keep and bear arms in the seat of the nations government. As ever, we will keep our readers apprised of further developments in this ongoing effort.
Excerpt from:
NRA-ILA | Appeals Court Schools D.C. on Heller's Meaning ... - NRA ILA
- Assemblyman Tim Donnelly Introduces Sweeping Handgun Carry License Reform Bill AB 1563 - April 26th, 2014 [April 26th, 2014]
- Ex-Supreme Court justice pushes gun grab, 2nd Amendment rewrite - April 26th, 2014 [April 26th, 2014]
- Party of guns: 2016ers speak to NRA - April 26th, 2014 [April 26th, 2014]
- Michigan 2014 Second Amendment March - Video - April 26th, 2014 [April 26th, 2014]
- Georgia Governor Signs Law Allowing Firearms In Public Places - Andrew Napolitano - Stuart Varney - Video - April 26th, 2014 [April 26th, 2014]
- Tony DeTora's Second Amendment Commitment - Video - April 26th, 2014 [April 26th, 2014]
- Second Amendment Man Drug PSA - Video - April 26th, 2014 [April 26th, 2014]
- Do you exercise your Second Amendment Rights while riding? - Video - April 26th, 2014 [April 26th, 2014]
- Kira Davis - My 2nd Amendment Story - Video - April 26th, 2014 [April 26th, 2014]
- Gabby Franco for NRA News: "Freedoms Are Not Untouchable" - Video - April 26th, 2014 [April 26th, 2014]
- SafeandVaultStore GS592820 Second Amendment Gun Safe - Video - April 26th, 2014 [April 26th, 2014]
- Oathbreaking Tyrant: Justice John Paul Stevens Wants To Change The Second Amendment - Video - April 26th, 2014 [April 26th, 2014]
- Dear LiberalViewer: Second Amendment Response - Video - April 26th, 2014 [April 26th, 2014]
- Justice John Paul Stevens Wants To Change The Second Amendment - Video - April 26th, 2014 [April 26th, 2014]
- God & The Second Amendment - Video - April 26th, 2014 [April 26th, 2014]
- Amend The Second Amendment? - Video - April 26th, 2014 [April 26th, 2014]
- Justice John Paul Stevens on the Second Amendment - Video - April 26th, 2014 [April 26th, 2014]
- CCRW Televised Forum - Mental Health, Second Amendment - Video - April 26th, 2014 [April 26th, 2014]
- Obama lying supporting second amendment - Video - April 26th, 2014 [April 26th, 2014]
- Second Amendment Rally Saturday - Video - April 26th, 2014 [April 26th, 2014]
- Second Amendment and other t-shirts support the cause - Video - April 26th, 2014 [April 26th, 2014]
- 2nd Amendment - Laws - April 27th, 2014 [April 27th, 2014]
- Second Amendment - U.S. Constitution - FindLaw - April 27th, 2014 [April 27th, 2014]
- Rep. Larry Pittman talks about Second Amendment - Video - April 27th, 2014 [April 27th, 2014]
- billkeyz talking about gun control the Second Amendment NRA - Video - April 27th, 2014 [April 27th, 2014]
- US Senate Candidates Iowa - Second Amendment - Video - April 27th, 2014 [April 27th, 2014]
- NRA leadership uses Bloomberg gun control push to rally members - April 28th, 2014 [April 28th, 2014]
- Open Carry Or Concealed Carry In California & Does The NRA Oppose - Video - April 28th, 2014 [April 28th, 2014]
- Greg Brannon Nuke Second Amendment right - Video - April 28th, 2014 [April 28th, 2014]
- SafeandVaultStore GS724027 Second Amendment Gun Safe - Video - April 28th, 2014 [April 28th, 2014]
- Supreme Court Gun Carry Rights; Drake v. Jerejian, Pending petition - Video - April 29th, 2014 [April 29th, 2014]
- Letter: NRA opposes reasonable responses - April 30th, 2014 [April 30th, 2014]
- Common sense calls for repeal of second amendment - May 1st, 2014 [May 1st, 2014]
- GUNS: Amendment words to fight over - May 1st, 2014 [May 1st, 2014]
- Gun lobby group receives open government award - May 1st, 2014 [May 1st, 2014]
- NFL Player Brags About Shooting a Skunk to NRA - Video - May 1st, 2014 [May 1st, 2014]
- Disgruntled Motel Owner Uses Second Amendment To Fight Government Officials #ZHG - Video - May 1st, 2014 [May 1st, 2014]
- Psychiatrists to push NWO gun control - Video - May 1st, 2014 [May 1st, 2014]
- Second Amendment Action Day 2014 - Video - May 1st, 2014 [May 1st, 2014]
- Second Amendment Action Day 2014 at the Pennsylvania Capitol - Video - May 1st, 2014 [May 1st, 2014]
- Second Amendment Action Day - Video - May 1st, 2014 [May 1st, 2014]
- Second Amendment Action Day Rally - Video - May 1st, 2014 [May 1st, 2014]
- Pyro Planet Second Amendment & Star Spangled Blast - Video - May 1st, 2014 [May 1st, 2014]
- Gun rights: Times have changed since the creation of the Second Amendment - May 1st, 2014 [May 1st, 2014]
- Billy Johnson for NRA News: "Infringed Rights" - Video - May 3rd, 2014 [May 3rd, 2014]
- Second Amendment group marches in El Paso - May 4th, 2014 [May 4th, 2014]
- The Second Amendment (Part 1 of 2) - Video - May 4th, 2014 [May 4th, 2014]
- New Jersey Gun-Carrying Limit Left Intact by High Court - May 5th, 2014 [May 5th, 2014]
- Supreme Court Wasnt Serious about the Second Amendment - May 5th, 2014 [May 5th, 2014]
- Staying away from guns and Gitmo - May 6th, 2014 [May 6th, 2014]
- US Supreme Court refuses to consider gun-rights case - May 6th, 2014 [May 6th, 2014]
- Success For Gun Owners & 2nd Amendment Defenders In 2014 - May 6th, 2014 [May 6th, 2014]
- Yen on Second Amendment - Video - May 6th, 2014 [May 6th, 2014]
- Second Amendment Shootout - Video - May 6th, 2014 [May 6th, 2014]
- Gun Depot USA Second amendment target shooting. - Video - May 6th, 2014 [May 6th, 2014]
- Second Amendment in real time boils down to politics - May 8th, 2014 [May 8th, 2014]
- Second Amendment - Laws - May 8th, 2014 [May 8th, 2014]
- Alan Gottlieb Supporting Compromise of your Second Amendment Rights - Video - May 9th, 2014 [May 9th, 2014]
- Lawmakers divided on bill that restricts EBT use - May 10th, 2014 [May 10th, 2014]
- Defenseless Nigerian Men, No Second Amendment #BringBackOurGirls Boku Haram - Video - May 10th, 2014 [May 10th, 2014]
- The Second Amendment (Part 2 of 2) - Video - May 10th, 2014 [May 10th, 2014]
- Flawed argument I - May 11th, 2014 [May 11th, 2014]
- Minera Panama S.A. and Petaquilla Minerals Limited Sign $60 Million Agreement - May 11th, 2014 [May 11th, 2014]
- Interview Interrupted by State Highway Administrator - Video - May 12th, 2014 [May 12th, 2014]
- Lawmakers debate proposed EBT restrictions - Video - May 12th, 2014 [May 12th, 2014]
- N.J. Gov. Chris Christie under the gun over ammo bill, as White House beckons - May 13th, 2014 [May 13th, 2014]
- Guns and Supreme Court: Is Second Amendment a Privilege, Not a Right? - May 13th, 2014 [May 13th, 2014]
- Guns to be focus of rally - May 15th, 2014 [May 15th, 2014]
- DHS Says "Hands Off" VIP Terrorist - Video - May 15th, 2014 [May 15th, 2014]
- INFOWARS Nightly News: with David Knight Monday May 12 2014: Plus Special Reports - Video - May 15th, 2014 [May 15th, 2014]
- Gun rights advocates hope for convention impact - May 16th, 2014 [May 16th, 2014]
- Det Bowers on the Second Amendment - Video - May 16th, 2014 [May 16th, 2014]
- Trevor Stewart - V18 - AUDIO - THE RACIAL NETWORK & THE SECOND AMENDMENT - Video - May 16th, 2014 [May 16th, 2014]
- Trevor Stewart - V17 - THE RACIAL-NETWORK & THE SECOND AMENDMENT - Video - May 16th, 2014 [May 16th, 2014]
- The Second Amendment: A Biography - Video - May 16th, 2014 [May 16th, 2014]
- Knowing Your Rights.... Yes we have them! - Video - May 18th, 2014 [May 18th, 2014]
- The Second Amendment (Game) - Video - May 18th, 2014 [May 18th, 2014]
- We Have Rights! An Animation On The Second Amendment - Video - May 18th, 2014 [May 18th, 2014]
- Letter: 2nd amendment purposes - May 20th, 2014 [May 20th, 2014]
- Senator Ted Cruz's father Rafael Cruz on the Second Amendment - Video - May 20th, 2014 [May 20th, 2014]