Judge Grants Temporary Injunction Against D.C. Gun Permit Law

By Dean WeingartenGrace et al v. D.C. et al

Dean Weingarten
Dean Weingarten

Arizona – -(Ammoland.com)-

Judge Richard J. Leon has issued a tightly reasoned opinion granting a temporary injunction against the enforcement of the District of Columbia’s unreasonably restrictive handgun licensing scheme.  In effect, Judge Leon ruled that the District scheme was a thinly veiled ban on the carry of arms outside the home for the purposes of self defense in the District of Columbia.

From dcist.com:

A federal judge told D.C. to stop enforcing its concealed-carry gun law, which requires people to have a “good reason” in order to get a permit from police to carry guns.

This may seem like deja vu … and that’s because it isn’t the first time a federal judge overturned District legislation on guns. The previous ruling prompted the D.C. Council to pass a law designating where licensed owners can carry handguns in public. They have to demonstrate they have a “good reason to fear injury to his or her person or property” or “any other proper reason for carrying a pistol.”

Judge Leon found that it was likely that the plantiff’s arguments would prevail in the civil case, and that irreparable harm would result if they were denied their right to bear arms in the interim. Second Amendment supporters have been saying this for decades.  Most people would find it obvious upon casual reflection.

As the good judge observes, the denial of a fundamental Constitutional right is, by definition, irreparable harm.  To reach this conclusion, Judge Leon first shows that Second Amendment rights extend outside the home.  Again, to impartial observers, this is obvious.  But to those who have been insisting that the Second Amendment is a legal nullity for a hundred years, there is no pretzel twisted logic that is a reach too far.  Judge Leon demolishes those weak and nonsensical attempts.  From Judge Richard J. Leon’s opinion (pdf):

Given the textual and historical evidence, I have little trouble concluding that under its original meaning the Second Amendment protects a right to carry arms for self- defense in public. Of course, Judge Scullin already reached this same conclusion in Palmer. 59 F. Supp. 3d at 182. And, not surprisingly, the Court of Appeals panels that have directly addressed the issue have also reached the same conclusion. See Moore, 702 F.3d at 936 right to bear arms thus implies a right to carry a loaded gun outside the home?); Peruta, 742 F.3d at 1166 (“T]he carrying of an operable handgun outside the home for the lawful purpose of self-defense, though subject to traditional restrictions, constitutes ‘bear[ing] Arms’ within the meaning of the Second Amendment”) (alteration in original). And other circuits have at least been willing to so assume. See Bonidy, 790 F.3d at 1125; Woollard v. Gallagher, 712 F.3d 865, 876 (4th Cir. 2014); Drake v. Filko, 724 F.3d 426, 431 (3d Cir. 2013); Kachalsky v. County of Westchester, 701 F.3d 81, 89 (2d Cir. 2012). Indeed, no Court of Appeals to date has found to the contrary.

The opinion was only filed a few hours ago.  The Washington Post has great sources inside the federal judiciary.  I found a Link to Unitedstatescourts.org archive of Grace et al v. District of Columbia et al. The opinion has not been added to the archive of the case documents at that site, but I expect it will be added shortly.

It is likely that the District of Columbia will ask the  District of Columbia Court of Appeals to stay the injunction pending an appeal.  That is what the District did in previous cases.  There were differences in those cases, however, and it is not clear if the D.C. Court of Appeals will grant a stay in this case.  We should find out shortly.

 

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch

About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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Libertarian

I think DC should allow all drug dealers and perverts who reside in NE, NW, SW, and SE sectors to carry guns. After all, theirs is treacherous business and they need to protect their wares and their very lives. If an honest citizen were to try to protect themselves, God forbid, these indigenous career criminals would lose their livelihood and would probably have to rely on welfare.

Wild Bill

Teufelhunden! Welcome aboard, Marine!

Teufelhunden

Attach a newspaper article about crimes in your area, a copy of the 2nd Amendment and I would add a copy of the Oath I took about ‘Protecting the Constitution against ALL enemies foreign and DOMESTIC’ and say that there are millions of domestic enemies that I can’t protect myself nor my family against without carrying a weapon. But be careful, you might get labeled as a ‘Radical Domestic Terrorist’ by some libtard idiot who doesn’t even know what the Constitution is. Also, check out the knife laws where you live. Some States don’t laws against knives other than automatic… Read more »

TEX

The 2A is the only ‘justifiable need’ or ‘need’ you need ! You don’t have any obligation to try and convince anyone why you need or want a permit/license ! To hell with them gungrabbing son of a bitches ! If you have a license great,if you don’t carry anyway !

Laddyboy

What about the NEED in the State of Maryland? This is a RIDICULOUS reason to refuse to issue a CCW in Maryland, the FREE STATE.

Pepe

What about New Jersey’s “justifiable need” non sense?

Anthony

As far as I know that class action lawsuit is still ongoing naming virtually every police department in their illegal violations of our civil rights. That is just waiting on the courts. It was all over a few different pro 2A article websites like this one a few months ago

Jack

Yes, what about it? This is DC and a DC court. So….you tell us Pepe. What does DC have to do with NJ?

Eric_CA

It’s sets a legal precedent. This is what case law is all about. Legal precedent.

3rdAFCrewChief

Precisely! I totally agree. This whole premise of “‘justifiable need” is Pure BS cause “IT’S YOUR RIGHT.” It’s away to control, control, control.
I moved out of NJ 3yrs ago I live in FL where we conceal carry everyday

Tionico

and Maryland, California, Connecticut., New Jersey, New York… if this ruling stands, all the others are more likely to fall as well. Particularly those in the same district as DC.

Jack

, and what district is DC? Who else would this effect?