July 27th, 2017

Firearms Carry Right Recognized in District of Columbia Case

U.S. Court of Appeals Second Amendment Wrenn vs. District Columbia
Federal Courthouse in Washington, DC. Photo by AgnosticPreachersKid under CC 3.0 license.

Story based on report by Second Amendment Foundation.
This week, the Second Amendment Foundation (SAF) won a precedent-setting victory against “good reason” requirements for concealed carry in our Nation’s capital when the U.S. Court of Appeals for the District of Columbia issued a permanent injunction against enforcement of such a requirement in the District. This order was issued in the consolidated cases of Wrenn v. District of Columbia and Grace v. District of Columbia.

According to the ABA Journal: “The U.S. Court of Appeals for the D.C. Circuit ruled 2-1 on Tuesday that the restriction violates the Second Amendment because it amounts to a total ban on the right to carry a gun for most residents.” The 2-1 decision, written by Judge Thomas Beall Griffith, stated:

“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… 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 (the 2008 U.S. Supreme Court’s Heller ruling).” Griffith added, in no uncertain terms: “The Second Amendment erects some absolute barriers that no gun law may breach.”

U.S. Court of Appeals Second Amendment Wrenn vs. District Columbia“Today’s ruling contains some powerful language that affirms what we have argued for many years, that requiring a so-called ‘good cause’ to exercise a constitutionally-protect right does not pass the legal smell test,” said SAF founder and Executive Vice President Alan M. Gottlieb. “We’re particularly pleased that the opinion makes it clear that the Second Amendment’s core generally covers carrying in public for self-defense.”

The court went on to state in its 31-page majority opinion that the District of Columbia’s “good cause” requirement was essentially designed to prevent the exercise of the right to bear arms by most District residents. Therefore, the net effect of the requirement amounted to nothing more than a complete prohibition in direct contradiction to the 2008 Heller decision that struck down the District of Columbia’s 30-year handgun ban.

After the decision was handed down, SAF founder and Executive Vice President Alan Gottlieb released a statement saying, “To read the majority opinion and not come away convinced that such ‘good reason’ or ‘good cause’ requirements are just clever ways to prevent honest citizens from exercising their rights is not possible. To say we are delighted with the ruling would be an understatement. We are simply more encouraged to keep fighting and winning firearms freedom one lawsuit at a time.” The Second Amendment Foundation invites donations to support future legal efforts to protect Second Amendment rights.

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