DC Circuit strikes down "May Issue" carrying schemes

https://assets.documentcloud.org/documents/3900192/7-25-17-DC-Circuit-Wrenn.pdf

TLR version:

DC Circuit rules that "May issue" permitting schemes for carrying firearms in public are a violation of the 2A.

Huzzah!

"At the Second Amendment’s core lies the right of responsible citizens to carry firearms for personal self-defense beyond the home, subject to longstanding restrictions. These traditional
limits include, for instance, licensing requirements, but not 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. 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."

The way I read it, the DC Circuit ruled that licensing is permissible, but any scheme that denies the average person the right to carry is unconstitutional.

The burden of proof is on the government to show that a person is more dangerous that the average citizen.

I like it.

I especially like that they called out the circuit courts that ruled differently.

Still not the law of the land across the US, but it's hard to see SCOTUS not taking up a future case.

 

I was just about to post about this when I saw your thread. Here's another article about this ruling:

http://www.washingtontimes.com/news...&utm_medium=facebook&utm_source=socialnetwork

I haven't read this opinion, but my initial thought is whether this Circuit Court of Appeals ruling conflicts with the 9th Circuit's ruling in Peruta to the extent that the U.S. Supreme Court may be more wiling to grant review if D.C. decides to appeal. Either way, it's a significant ruling in support of 2A rights.

 

I would not be holding my breath. SCOTUS only takes a few cases a year and gun cases are just not as important to them as other issues are. It may well nudge them in the direction of taking a case, but maybe not too.

 

In this case, the circuit courts are not only split, they are specifically calling out other courts by name for flawed logic.

It is hard to see SCOTUS not stepping in when the courts have come to opposite conclusions.

 

What do you bet CA begs DC not to appeal.

 

You mean pull a Moore v. Madigan?

I don't know if it would help... Norman is coming down the pipe from FL too...

 

The justices themselves are subject to this one; they won't be able to ignore it for the sake of decorum. There is a reason DC Circuit is considered the second most important court. It's not like the irrelevant DC congress at all. Only reason to leave it would be if Reciprocity legislation had a chance in hell of passing (it doesn't)

I predict overturn en banc with awful tortured reasoning, which would make the RKBA 0:4 via that process since Heller.

TCB

 

Hmm, either we win, or the monumentally flawed tradition of stare decisis goes by the wayside; we can't lose! (ok, well, can lose our rights, theoretically)

 

In theory DC issues non-resident carry permits. If this somehow manages to survive on appeal I plan to apply. Most of my family is in NOVA, it would be nice not to have to worry about the D.C. Line when traveling around up there.