“Unconstitutional” is what a federal appeals court has ruled on the D.C. gun law that says people must show “good reason” to have concealed handgun permits.
The Second Amendment is sufficient reason itself to issue permits, according to the 2-1 ruling released Tuesday July 25, by the U.S. Court of Appeals for the D.C. Circuit.
“In fact, the Amendment’s core at a minimum shields the typically situated citizen’s ability to carry common arms generally,” wrote Judge Thomas B. Griffith in the ruling on the case Wrenn v. District of Columbia.
Subsequently, the appeals court instructed lower courts to block the D.C. law with permanent injunctions. City officials indicated they’re exploring an appeal, while gun-control groups claim the ruling shrinks public safety in the nation’s capital.
D.C. gun laws are among the strictest in the U.S., but they’ve also faced several legal challenges in the last few years, said Kirk Evans, President of U.S. & Texas LawShield®.
Evans noted that the landmark pro-gun victory was District of Columbia v. Heller in 2008 in which the U.S. Supreme Court—voting 5 to 4—struck down D.C.’s ban on handguns. Then, in 2014, another federal court prevented a proposed ban on carrying guns in public.
The D.C. Council—the enclave’s municipal government—responded by creating the “good reason” rule, which only issued permits to citizens who could prove they faced “legitimate” threats, Evans said.
“Simply residing in one of the District’s high-crime neighborhoods was not considered a ‘good reason,’” Evans said. “This was not unnoticed by at least one member of Congress who complained colleagues were unarmed when a gunman shot up their ball practice in June.”
But, according to the appeals court’s decision, the “good reason” rule negated what the Supreme Court decided in Heller.
“The District’s good-reason law is necessarily a total ban on exercises of that constitutional right for most D.C. residents,” Judge Griffith wrote. “That’s enough to sink this law under (Heller).
Second Amendment advocates praised the latest ruling, including Alan Gottlieb, founder and executive vice president of the Second Amendment Foundation (SAF).
He said the ruling “contains some powerful language that affirms what we’ve argued for many years, that requiring a so-called ‘good-cause’ to exercise a constitutionally-protected right does not pass the legal smell test.”
Gottlieb added, “We are particularly pleased that the opinion makes it clear that the Second Amendment’s core generally covers carrying in public for self-defense.”
In the days after the ruling it was too early to tell how far the case would rise through the appeals process. The Supreme Court in June declined to consider another Second Amendment case, Peruta v. California, in which the 9th U.S. Circuit Court of Appeals agreed with a San Diego County law requiring gun owners to prove they have “good cause” to apply for concealed carry permits.
But Gottlieb said the latest victory in D.C. spurs confidence among Second Amendment advocates.
“To say we are delighted with the ruling would be an understatement,” Gottlieb said. “We are simply more encouraged to keep fighting, winning firearms freedom one lawsuit at a time.” — Bill Miller, Contributor, U.S. & Texas LawShield blog