Rickman

DC Circuit Throws out DC G&S

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Of course it will be appealed but this could have an impact on MD eventually as well. The BS Good and Substantial laws of MD and DC are virtually identical. From the article:

 

A federal appeals court has blocked enforcement of a strict concealed-carry law in the nation’s capital that required gun owners to prove a “good reason” in order to obtain permits allowing them to carry handguns for self defense. 

In a 2-1 decision, U.S. Court of Appeals for the D.C. Circuit has ordered lower courts to issue permanent injunctions blocking enforcement of the D.C. law. 

In rejecting the city’s law, the court ruled that while the Second Amendment allows for some limits on gun possession it does now allow for “bans on carrying in urban areas like D.C. or bans on carrying absent a special need for self-defense.”

“In fact, the Amendment’s core at a minimum shields the typically situated citizen’s ability to carry common arms generally,” wrote Circuit Judge Thomas B. Griffith in the majority opinion. “The District’s good-reason law is necessarily a total ban on exercises of that constitutional right for most D.C. residents. That’s enough to sink this law under Heller I.”

Judge Griffith was joined by Circuit Judge Stephen F. Williams in the opinion. Circuit Judge Karen LeCraft Henderson dissented. 

The panel of three judges heard arguments in two cases challenging the constitutionality of the city’s concealed carry permit laws in September. 
The D.C. Council had enacted the regulations after a federal court in 2014 overturned the city’s ban on the carrying of firearms in public.
The D.C. law requires gun owners to prove they have a “good reason to fear injury” or another “proper reason,” such as a job that requires carrying large amounts of cash or valuables, in order to get a concealed carry permit. Under the city’s law, living in a high-crime neighborhood was not reason enough to justify approval of a concealed carry permit. 

Gun owners who were denied carry permits challenged the laws, arguing that the restrictions violated the Second Amendment because they prohibited most law-abiding citizens from obtaining permits.

Edited by Rickman
Correction of Title from 4th to DC Circuit

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A good step...

We've only recently restored open carry down here, after losing it in 1871, courtesy of the Carpetbaggers.  Even OC is regulated under our now License To Carry (LTC) which also applies to concealed carry.

Being primarily a suburbanite, I figure OC has a greater potential to alarm and disturb those new to the area and state, so I prefer concealed carry in almost all circumstances.

I would prefer a nation wide form of Constitutional Carry where you can carry as long as you are not precluded, but realistically hope that the more common permitted carry would be introduced with the permitting standards being changed to a "shall issue" standard with possession and ownership laws changed to a less draconian and control centered basis than now exists in the "anti" states.

Bottom line for me is that the Government (any) has no business knowing what or how many of anything that I have so long as I don't violate the current NFA.  If I opt to request one sort or another of Federal licensing, I then agree to reasonable inspection and verification of my transactions in return for the privileges that go with that license.

Good luck on gaining a reasonable standard in DC.  I'd like to go there again, but refuse to go unarmed and will not violate the local laws.

Jeff B.

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