D.C. Handgun Carry Law On Hold

district-of-columbia-supreme-court

Lets be clear about this post. This is not about politics. It is about the law in D.C. regarding carrying handguns. I found this on Facebook. The courts have allowed a stay to the city so they can file an appeal to the law. So for now the carry permit reverts back to need.

BREAKING – DC handgun carry permit law changes back to proving need. U.S. Court of Appeals for DC granted a stay to the city.

Here’s victory statement from DC attorney general.

Attorney General Karl A. Racine Pleased Appeals Court Granted Administrative Stay of Decision on Handgun-Carry Permits

WASHINGTON, D.C. – Attorney General Karl A. Racine today said he was pleased that the U.S. Court of Appeals for the District of Columbia Circuit issued an administrative stay of a lower court’s order declaring unconstitutional a key part of the District’s law allowing individuals to obtain permits for carrying concealed handguns. The court granted the stay shortly after the Office of the Attorney General (OAG) filed a motion June 11 with the court requesting it as well as a full stay pending the District’s appeal of a May 18 decision by U.S. District Judge Frederick J. Scullin.

“I am grateful that the judges of the D.C. Circuit responded quickly to our request for an administrative stay of this ruling,” Attorney General Racine said. “This allows us to continue protecting public safety while the court considers the merits of our motion for a full stay pending appeal.”

The provision Judge Scullin enjoined the District from enforcing requires an individual applying for a concealed-carry permit to state a “good reason to fear injury to his or her person or property” or another reason for carrying a handgun.

“Three federal circuits have considered provisions similar to the District’s ‘good reason’ standard, and all three have upheld the standard, citing the same considerations the District relies on here,” the District’s motion says. “Especially given the weakness of plaintiffs’ showing of a threat of irreparable injury — their theory is that they need not show any particularized need to carry handguns — a stay is warranted.”

Judge Scullin had declined to stay his own decision pending appeal, and he declined to even consider the matter of staying his decision until a scheduled hearing on July 7 – six weeks after the District first filed a motion requesting a stay.

The OAG motion requesting that the D.C. Circuit issue both administrative and full stays of Judge Scullin’s ruling argues that:

· The judge’s order enjoined District officials from enforcing the central element of the city’s concealed-carrying regime — the requirement that suitable applicants have a “good reason” to carry a deadly weapon in public — as it applies to the plaintiffs. In its Order, the Court misinterpreted and misapplied the relevant case law.
· Neither the Supreme Court nor the D.C. Circuit has determined whether the Second Amendment extends beyond the home, nor has either court determined whether local governments may impose a “good reason” requirement on carrying deadly weapons in public. Only one U.S. circuit appeals court — the 7th — has gone so far as to extend the Second Amendment right beyond the home. And of the United States Circuit Courts of Appeal to have addressed the issue directly, all three (the 2nd, 3rd and 4th) have approved the use of a “good reason” requirement for licenses to carry firearms in public.

Attorney General Racine said the District’s handgun-permitting regime was constructed with careful attention to the state of the law and in response to previous court rulings, and that a weeks-long halt in enforcing key provisions of it could create serious harm for the District. “The law the District’s officials have adopted is in line with laws in New Jersey, New York and Maryland – all of which have been upheld by federal appeals courts,” he said. “We believe we will prevail on appeal, and a stay is necessary to maintain the status quo in the law while the courts consider constitutional issues with important implications for public safety.”

Copies of the District’s motion to stay Judge Scullin’s order and the D.C. Circuit’s order issuing the administrative stay are attached.



Nicholas C

Co-Founder of KRISSTALK forums, an owner’s support group and all things KRISS Vector related. Nick found his passion through competitive shooting while living in NY. He participates in USPSA and 3Gun. He loves all things that shoots and flashlights. Really really bright flashlights.

Any questions please email him at nicholas.c@staff.thefirearmblog.com


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  • LT

    That building in the title image is in San Francisco – not sure what that has to do with Washington, DC law.

    That said, while things have changed in the last couple decades, it was still the murder capital of the US for a while. Doesn’t that alone mean every citizen of the District can say they have a good reason to fear for their safety?

    • MrEllis

      It’s also an old picture, no electric bus lines either.

    • Nicholas Chen

      Whoops. Thanks. I just googled US Court of Appeals and that was the most common photo.

  • Vitsaus

    It should not be such a surprise, the law is being used to create a sort of legal standard around the country, so its important for those who are trying to block 2A rights to nip it in the bud. By the way, more proof that firearms and politics are inseparable.

  • USMC03Vet

    How not shocking. Government being found to violate 2nd amendment rights, continues to violate 2nd amendment rights.

    Another other bill of right and this nonsense wouldn’t fly.

    • marathag

      think that would help? ‘Shall not be infringed’ has been for a long time

      • MrEllis

        Whoa, whoa, whoa this isn’t about politics. Says so right up top.

        • marathag

          Just pointing out an pleasant fact, not blaming either Team R or D, but both of them, and not suggesting a solution.

      • Raven Lee

        Umm, so has “A well regulated Militia, being necessary to the security of a free State…”, you know the entire beginning of the 2nd Amendment.

        • marathag

          Operative Clause, it isn’t

          Besides, doesn’t matter after Heller v DC, there never was a Militia requirement. SCOTUS reaffirmed that it’s a Individual Right, just like th rest of the Bill of Rights, and not a Collective Right.
          All Nine Justices agreed on that.

    • Yet you Gun-crazed “Patriots” never have the courage to use your precious pistols to defend those rights against “government tyranny”.

      • Changing the law is a difficult and demanding process. That said the option you propose would only bring anarchy. A patriot doesn’t jump to that extreme in demanding change when it will destroy that which a true patriot holds dear.
        In a civilized society change is made through the vote and through the courts.

        • So you admit that the thousands of drooling gun-loons who claim their precious pistols are needed as a defense from “gummint tyranny” are merely deluded psychotics, eh?

          • No not at all. You’re making things up now through what sounds like hate for those who enjoy shooting. I think you might find a more receptive audience for your speech on a left wing website of some sort.
            We want free speech on this blog but ignoring someone who is just trolling won’t last long. If you can’t contribute to the conversation I’ll be forced to ban you. Is that clear enough?

          • Typical gun-loons, can’t handle the uncomfortable truths, so they ban what they don’t want to hear, like gutless fascists.

          • ThomasD

            The fascists were the gun banners sunshine.

      • ThomasD

        “all experience hath shewn, that mankind are more disposed to suffer,
        while evils are sufferable, than to right themselves by abolishing the
        forms to which they are accustomed.”

        You got something new to say, sunshine?

      • AntiCitzenOne

        You clearly haven’t been to the Bundy Ranch, or Athens TN in 1946.

        • How’d that work out in Waco TX … or Ruby Ridge ID ?

  • toms

    I am truely sick of this stuff. the government is increasingly breaking from very long precedents, the attorney general has become a lap dog. It’s his job to enforce court orders.

  • Tay Dervis

    Its not about politics, but its about political actions. Lol, got it.

  • Joe Schmoe

    The less guns running around in unqualified hands the better.

    • AntiCitzenOne

      We encourage training, but that doesn’t mean CCW permit holders are unqualified.

      • Raven Lee

        A 3 or 4 hour class is all you need to get your CCW license. Does that make you qualified to carry a weapon that can end a life easily? Or make up for constant training? Nope. It’s even easier to get your CCW if you have military experience like I have as an Army Ordinance specialist. I had to take 0 hours of classes or practical testing to get my CCW. The Police get a lot more training than the general public, yet a lot of them end up shooting innocent bystanders or missing their target and launching lead down range.

        • AntiCitzenOne

          A lot of police end up hitting bystanders (if you are going to magnify the Manhattan incident), compared to how many CCW permit holders have actually done so?

          The police get a lot more training in the academy, but how often can they maintain it, let alone practice in live action force-on-force? We have classes available to civilians that can put them on the level of a police officer taking a force on force class.

          That is, if the police officer routinely practices with their firearm, not just yearly, but monthly, perhaps weekly, taking 1-2 force-on-force courses a year – if they do.

  • jeff k

    i hope we win in California then there will be a federal standard with case law from the 9th circuit… lets see Washington contest that !!

  • supergun

    The anti-gunners are finally getting to the judges.

  • Only cowards carry guns.

    • AntiCitzenOne

      Better to be alive and a coward with a gun than a dead courageous fool.

      • No wonder the U$ Military has lost every war it started against far smaller, weaker and poorer sovereign nations over the last 50+ years.

        • AntiCitzenOne

          You really haven’t heard about the Iraqi or Afghanistan quagmire, have you…?

    • smartacus

      no, not everyone is a cop

  • JAYMAG Brownstone

    Sure let’s make it so we are all sitting ducks, When the bad guy’s still have a gun??? STUPID!! Unconstitutional !! I would still carry, regardless of the law!! The good gun owners are the only ones that have to obey the laws. The bad guy’s won’t ever follow the laws. So nothing will change except make the good people, more vulnerable to attacks and can’t protect them self’s. The church shooting was sad! But it won’t change crime by stopping the GOOD Americans that have had long term Self defense permits for a long time. Evil people will still find a ILLIGAL gun to kill with period!! These laws will only make crime get worse, if they know people don’t have any chance to protect themselves!