Jump to content
Sign in to follow this  
NJGF

Federal DC Circuit Court of Appeals Rejects DC "Good Reason" Statutes

Recommended Posts

The Federal DC Court of Appeals today issued a 2-1 opinion that rejects the DC "Good Reason" law and requires the district court to enter a permanent injunction against its enforcement.

The ruling combined two cases BRIAN WRENN vs DC and MATTHEW GRACE AND PINK PISTOLS, vs DC

The usual organizations were involved including the NRA, GOA vs Brady and Everytown.

https://www.cadc.uscourts.gov/internet/opinions.nsf/005426559985AEE685258168004F376E/$file/16-7025-1685640.pdf

"But listening closely to Heller I reveals this much at least: the Second Amendment erects some absolute barriers that no gun law may breach. This lesson will prove crucial as we consider the challenges presented in these cases to the District of Columbia’s limits on carrying guns in public."

......

"To watch the news for even a week in any major city is to
give up any illusions about “the problem of handgun violence
in this country.” Heller I, 554 U.S. at 570. The District has
understandably sought to fight this scourge with every legal
tool at its disposal. For that long struggle against gun violence,
you might see in today’s decision a defeat; you might see the
opposite. To say whether it is one or the other is beyond our
ken here. We are bound to leave the District as much space to
regulate as the Constitution allows—but no more. Just so, our
opinion does little more than trace the boundaries laid in 1791
and flagged in Heller I. And the resulting decision rests on a
rule so narrow that good-reason laws seem almost uniquely
designed to defy it: that the law-abiding citizen’s right to bear
common arms must enable the typical citizen to carry a gun."

"We vacate both orders below and remand with instructions
to enter permanent injunctions against enforcement of the
District’s good-reason law."

Share this post


Link to post
Share on other sites

Our Federal court system sets up separate federal districts and each have a Court Of Appeals which usually controls that districts courts. When there is a split between the various districts SCOTUS has a greater reason to take a case and give a decision.

Share this post


Link to post
Share on other sites
2 minutes ago, AlexTheSane said:

I clearly don't understand law or the court processes very well.  If a court rules that a law is unconstitutional for one state (district in this case,) why is it allowed to continue in an identical fashion in another?

Interesting question.  When the Ninth Circuit ruled against the so-called Trump travel ban, the ruling applied across the entire nation, not just in their district.  

  • Like 1

Share this post


Link to post
Share on other sites
15 minutes ago, Old Glock guy said:

Interesting question.  When the Ninth Circuit ruled against the so-called Trump travel ban, the ruling applied across the entire nation, not just in their district.  

It applied across the nation because it was a ruling against a policy of a federal entity operating at a national scale. 

That and the executive branch chose not to ignore it. 

In the case of heller and mcdonald, we have rulings at a state scale, and executive branch and judicial branch members who deliberately want to ignore it. 

  • Like 1

Share this post


Link to post
Share on other sites
7 hours ago, AlexTheSane said:

I clearly don't understand law or the court processes very well.  If a court rules that a law is unconstitutional for one state (district in this case,) why is it allowed to continue in an identical fashion in another?

I agree with the sentiment but you have to remember we are talking about two different laws. They may be practically identical, but the court didn't review NJ's language. There's no reasonable way for this kind of ruling to negate "similar" laws elsewhere, other than being relevant in our favor the next time NJ is looked at.

Share this post


Link to post
Share on other sites
38 minutes ago, Emortal said:

I agree with the sentiment but you have to remember we are talking about two different laws. They may be practically identical, but the court didn't review NJ's language. There's no reasonable way for this kind of ruling to negate "similar" laws elsewhere, other than being relevant in our favor the next time NJ is looked at.

Not so fast. Stun gun ruled unconstitutional in another state. Nj AG admits it. We have a test case here.

but it's the Scotus that needs to rule on " good reason" or " justifiable need" language. It's at the district level now.

Share this post


Link to post
Share on other sites

As soon as DC starts issuing permits, I'm driving down.  I had made plans to apply in person the last time the courts overturned the DC ban - right before other courts overturned the overturn.  The ruling was overturned the day before I was heading down. I even have an email from metro PD answering my question about how to legally transport my handgun to the police station.  You have to register your carry gun to get the permit and you have to bring the gun to the police station to do that.

I have my application printed out.  I'll post a picture of me strapped in front of the Washington Monument.

  • Like 3

Share this post


Link to post
Share on other sites
1 hour ago, maintenanceguy said:

As soon as DC starts issuing permits, I'm driving down.  I had made plans to apply in person the last time the courts overturned the DC ban - right before other courts overturned the overturn.  The ruling was overturned the day before I was heading down. I even have an email from metro PD answering my question about how to legally transport my handgun to the police station.  You have to register your carry gun to get the permit and you have to bring the gun to the police station to do that.

I have my application printed out.  I'll post a picture of me strapped in front of the Washington Monument.

Oooh, I may have to do that too. I do a fair amount of work in DC, and I would prefer to be carrying while I'm in town. 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

  • Recently Browsing   0 members

    No registered users viewing this page.



×
×
  • Create New...