Explore The NRA Universe Of Websites

Appellate Court "Temporarily" Reinstates Discretionary Concealed Carry Licensing in D.C.

Tuesday, June 16, 2015

Appellate Court "Temporarily" Reinstates Discretionary Concealed Carry Licensing in D.C.

The wheels of justice ground to a halt again for D.C. gun owners on Friday. The U.S. Court of Appeals for the District of Columbia temporarily blocked a lower court's order that had mandated the District process concealed carry applications and disregard its "good" or "proper" purpose requirement.

The lower court's order arose in the case of Wrenn v. District of Columbia, in which the judge made a preliminary finding that the "good" or "proper" purpose requirement likely offends the Second Amendment and ordered the District to stop enforcing it. 

As we have reported, the disputed provisions of D.C.'s law effectively empower the Metropolitan Police Department to deny concealed carry licenses even to applicants who meet all other qualifications, including successful background checks and completion of extensive firearm training.  In practice, the MPD denies most applications on the "good" or "proper" basis, and District officials have even acknowledged in court filings that the very purpose of the requirement is to limit the number of permits issued. 

Second Amendment advocates can take some comfort in the fact that the "administrative stay" issued by the Court of Appeals revealed no opinion on the underlying merits of the case. The Washington Post quotes the court's order as stating, "The purpose of this administrative stay is to give the court sufficient opportunity to consider the merits of the motion for stay and should not be construed in any way as a ruling on the merits of that motion." In other words, the court wanted more time to consider whether or not the law should remain in effect while the District's appeal of the lower court decision was being resolved. Thus, the court might have thought preserving the status quo was the more moderate course of action while it explored the full range of issues presented by the underlying motion. 

Whatever may have prompted the court's decision, it certainly isn't the last word in a case that has had many twists and turns. Before Wrenn was filed, the case of Palmer v. District of Columbia had determined that D.C. could not simply ban carrying in public for self-defense altogether. For at least a few days in the wake of that decision, D.C. had no authority to ban the carrying of firearms in many public areas, and reports emerged of people lawfully open carrying in the District for the first time in generations. District officials then hastily enacted a concealed carry licensing regime. Nevertheless, even after the decision in Palmer – which declared that bearing arms in public for self-defense is protected by the Second Amendment – D.C.'s antigun officials still insisted that D.C.'s police chief must have discretion over who can and cannot exercise that right. That resulted in the Wrenn lawsuit.

We can only hope at this point that D.C.'s long losing streak on Second Amendment litigation will continue. In the meantime, however, D.C.'s law-abiding residents and visitors will once again face a decisive disadvantage against the armed criminals who continue to prowl D.C.'s streets. And for that, the criminals can thank the District's antigun (although heavily guarded) powers that be.  

TRENDING NOW
Washington: Vague Carry Ban and Rehashed Mag Ban Introduced and Scheduled for Hearings Next Week

Thursday, January 21, 2021

Washington: Vague Carry Ban and Rehashed Mag Ban Introduced and Scheduled for Hearings Next Week

Next week, anti-gun legislation, Senate Bill 5078 and Senate Bill 5038, are scheduled for hearings in the Senate Law and Justice Committee. 

“Unity” President Vows to “Defeat” America’s Oldest and Largest Civil Rights Group

News  

Tuesday, January 19, 2021

“Unity” President Vows to “Defeat” America’s Oldest and Largest Civil Rights Group

Biden issued this “pledge” in a January 8 tweet that falsely tried to suggest the men and women of the NRA were somehow implicated in an infamous crime that was committed a decade ago by ...

Florida Alert! Gun Bills Filed in Florida - SO FAR

Friday, January 15, 2021

Florida Alert! Gun Bills Filed in Florida - SO FAR

As Legislators begin to file bills for the 2021 Florida Legislative Session, we are getting questions about various bills due to media reports on gun bills.  Below is a partial list of bills we will ...

President Trump’s Executive Order Expands LEOSA Carry Rights

News  

Thursday, January 21, 2021

President Trump’s Executive Order Expands LEOSA Carry Rights

On January 18th, President Trump signed an “Executive Order on Protecting Law Enforcement Officers, Judges, Prosecutors, And Their Families.” The order aims to provide for more federal law enforcement officers, prosecutors, and judges to be able to ...

ATF Withdraws Pistol Brace “Guidance”

News  

Wednesday, December 23, 2020

ATF Withdraws Pistol Brace “Guidance”

On December 23rd, ATF posted a document to its website indicating that its recently published Objective Factors for Classifying Weapons with “Stabilizing Braces” is withdrawn.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Kansas: Permit Recognition Legislation to be Considered on Wednesday

Friday, January 22, 2021

Kansas: Permit Recognition Legislation to be Considered on Wednesday

On Wednesday, January 27, the House Committee on Federal and State Affairs is scheduled to consider permit recognition legislation, House Bill 2059. 

Record Amount of Gun Control Legislation Introduced on First Day of Bill Pre-Filing for 2021 Texas Legislative Session

Tuesday, November 10, 2020

Record Amount of Gun Control Legislation Introduced on First Day of Bill Pre-Filing for 2021 Texas Legislative Session

Although the 2021 session of the Texas Legislature convenes on January 12, gun control advocates financed by New York billionaire Michael Bloomberg and Beto "Hell Yeah, I'll Take Your Guns" O'Rourke wasted no time in announcing their ...

Biden to Nominate Anti-Second Amendment Judge Merrick Garland for Attorney General

News  

Thursday, January 7, 2021

Biden to Nominate Anti-Second Amendment Judge Merrick Garland for Attorney General

President-elect Joe Biden announced he will nominate U.S. Court of Appeals for the District of Columbia Circuit Judge Merrick Garland for Attorney General. Biden’s choice of a noted Second Amendment opponent to lead the Department ...

Vermont: Gun Bills Introduced as Legislature Begins Work Remotely

Thursday, January 21, 2021

Vermont: Gun Bills Introduced as Legislature Begins Work Remotely

While the Capitol in Montpelier is atypically quiet for January, the COVID situation has not prevented the Legislature from moving forward with their business.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

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.