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
Maryland: Governor Hogan Signs Apprentice Hunting Legislation into Law

Thursday, May 4, 2017

Maryland: Governor Hogan Signs Apprentice Hunting Legislation into Law

Today, Maryland Governor Larry Hogan signed House Bill 1427 into law.

Washington: NRA Files Amicus Brief in Challenge to Kitsap County Anti-Gun Ordinance

Monday, May 22, 2017

Washington: NRA Files Amicus Brief in Challenge to Kitsap County Anti-Gun Ordinance

Last week, attorneys on behalf of the NRA filed an amicus brief in Kitsap County v. Kitsap Rifle and Revolver Club (Kitsap II), the case which challenges Kitsap County’s firearm discharge ban and range licensing scheme.  Kitsap Rifle and ...

Illinois: House Committee Passes Bill to Close Local Gun Dealers

Tuesday, May 16, 2017

Illinois: House Committee Passes Bill to Close Local Gun Dealers

The House Judiciary Committee passed Senate Bill 1657 by a 7-6 vote.

Nevada: Governor Sandoval Signs AB 118!

Monday, May 22, 2017

Nevada: Governor Sandoval Signs AB 118!

Today, May 22, Governor Brian Sandoval signed important pro-gun legislation, Assembly Bill 118, into law.  AB 118, sponsored by Assemblyman Skip Daly, will allow members of the military and those who have received an honorable ...

California: AB 424 Passes Assembly - Appropriations Committees to Consider Suspense Items

Tuesday, May 23, 2017

California: AB 424 Passes Assembly - Appropriations Committees to Consider Suspense Items

Friday, May 26th is the deadline for the fiscal committees to pass bills to the floor from the chamber of origin.  On Thursday, May 25, the Senate AppropriationsCommittee is scheduled to consider Senate Bill 464 and Senate Bill 497. ...

Kansas: Senate Committee Passes Gun Free Zone Legislation, Again

Tuesday, May 23, 2017

Kansas: Senate Committee Passes Gun Free Zone Legislation, Again

Last week, the Senate Committee of the Whole referred an amended version of House Bill 2278 back to the Senate Ways and Means Committee.

California: Don’t Miss our May 25th Webinar to Discuss the Newest DOJ Draft “Assault Weapons” Regulations

Wednesday, May 24, 2017

California: Don’t Miss our May 25th Webinar to Discuss the Newest DOJ Draft “Assault Weapons” Regulations

Tomorrow, Thursday, May 25, at 12:00 pm (PT), NRA’s legal team will be hosting a free webinar to discuss the recently submitted “assault weapon” regulations.   

Alabama: Legislature Adjourns Sine Die

Tuesday, May 23, 2017

Alabama: Legislature Adjourns Sine Die

Last Friday, May 19, the Alabama Legislature adjourned sine die.  During this session, Senate Bill 24, the constitutional/permitless carry bill, passed the Senate but failed to make it to the House floor for a vote ...

Illinois: Last Chance to Save your Local Gun Dealer!

Tuesday, May 2, 2017

Illinois: Last Chance to Save your Local Gun Dealer!

The Illinois House of Representatives may consider Senate Bill 1657, legislation that could put your local gun dealer out of business, at any time! It is imperative that you contact your state Representative IMMEDIATELY and ...

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.

MORE TRENDING +
LESS TRENDING -
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.