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Federal Judge Again Rules Key Part of New D.C. Gun Law Unconstitutional

Tuesday, May 19, 2015

Federal Judge Again Rules Key Part of New D.C. Gun Law Unconstitutional

Ten months after striking down the District’s long-standing ban on carrying firearms in public as unconstitutional, a federal judge Monday ordered the city to halt enforcing a key provision of the new gun-permitting system itadapted in response.

As passed by the D.C. Council, the District’s new carry legislation remains among the strictest in the nation, requiring applicants to state good reason to carry a weapon in order to obtain a permit from police, matching laws in Maryland, New Jersey and New York.

However, in a 23-page opinion, U.S. District Judge Frederick J. Scullin Jr. ruled that condition — known as the “good reason/proper reason” requirement — still “impinges on Plaintiffs’ Second Amendment right to bear arms,” because it fails to target dangerous people or specifically how or where individuals carry weapons.

“The issue here is not whether the . . . requirement is a reasonable or wise policy choice. Rather, the issue is whether this requirement, no matter how well intended, violates the Second Amendment,” Scullin wrote.

Read the complete article: The Washington Post

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.