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
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.

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

News  

Friday, April 1, 2022

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

Half the country will now enjoy the freedom to carry a handgun for self-defense without a permit from the state thanks to the tireless efforts of men and women of the National Rifle Association. 

DHS “Misinformation Governance Board” Could Seek to Sway Gun Debate

News  

Monday, May 16, 2022

DHS “Misinformation Governance Board” Could Seek to Sway Gun Debate

In late April, Alejandro Mayorkas, Secretary of the Department of Homeland Security (DHS), made a bizarre announcement during a congressional hearing that DHS was forming what it called a “Mis- and Disinformation Governance Board.” The statement came ...

Follow the Science, Unless it Leads Where You Don’t Want to Go

News  

Monday, May 16, 2022

Follow the Science, Unless it Leads Where You Don’t Want to Go

Researchers in California have published the results of a study evaluating the effectiveness of so-called “gun violence restraining orders” (a.k.a. “extreme risk protection orders” or “red flag” orders). Assembly Bill 1014, was enacted in California in ...

President Donald J. Trump to Address NRA Members at the 2022 NRA Annual Meetings and Exhibits in Houston, Texas

News  

Thursday, May 12, 2022

President Donald J. Trump to Address NRA Members at the 2022 NRA Annual Meetings and Exhibits in Houston, Texas

Former President Donald J. Trump will headline the 2022 NRA-ILA Leadership Forum on May 27, at the George R. Brown Convention Center in Houston.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Monday, June 30, 2014

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.

Alaska: Legislature Fails to Pass Pro-2A Legislation as it Adjourns

Friday, May 20, 2022

Alaska: Legislature Fails to Pass Pro-2A Legislation as it Adjourns

At midnight on Wednesday, the Alaska Legislature adjourned from its 2022 Legislative Session. 

Georgia: Gov. Kemp Signs Constitutional Carry

Tuesday, April 12, 2022

Georgia: Gov. Kemp Signs Constitutional Carry

Today, Governor Brian Kemp signed Senate Bill 319, constitutional carry, into law. Georgia is now the 25th constitutional carry state, and the fourth to join that group in 2022. Half of the country now recognizes the right ...

Illinois: General Assembly Passes “Ghost Gun” Ban

Monday, April 11, 2022

Illinois: General Assembly Passes “Ghost Gun” Ban

On Friday, the House Judiciary Committee held a subject matter hearing on House Bill 4383 Senate Floor Amendment 2, to ban individuals from making their own firearms for personal use, and voted to advance the measure. ...

California: Anti-Gun Bills Eligible for Floor Votes

Saturday, May 21, 2022

California: Anti-Gun Bills Eligible for Floor Votes

On Thursday, both the Assembly and Senate Appropriations Committees took up their suspense files prior to the fiscal deadline, passing a number of anti-gun bills and one pro-hunting bill. These bills will now be eligible ...

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.