Explore The NRA Universe Of Websites

Appeals Court Schools D.C. on Heller’s Meaning, Invalidates “May-Issue” Concealed Carry Licensing

Thursday, July 27, 2017

Appeals Court Schools D.C. on Heller’s Meaning, Invalidates “May-Issue” Concealed Carry Licensing

In a major development in the ongoing effort to restore the Second Amendment in Washington, D.C., the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion on Tuesday that would effectively require D.C. officials to make concealed carry licenses available on a “shall-issue” basis.

The court’s decision comes in the combined cases of Wrenn v. D.C. and Grace v. D.C.

Following the landmark case of District of Columbia v. Heller, which recognized a Second Amendment right to have operable handguns in the home for self-defense, the District retaliated by banning carrying of firearms outside the home.

A lower federal court found D.C.’s carry ban also violated the Second Amendment, but rather than comply with that ruling, D.C. created a sham system for concealed carry permits that requires applicants to show a “good” or “proper” reason for needing to carry a concealed handgun. This includes a “special need for self-protection distinguishable from the general community,” job duties requiring the transport of large amounts of cash or valuables, or the need to protect a close relative who cannot provide for his or her own special self-defense needs. Practically speaking, this means the vast majority of law-abiding people who simply want to carry a handgun for self-dense in ordinary circumstances are automatically disqualified.

Licensed concealed carry, moreover, is the only option for ordinary people to lawfully carry a loaded, accessible firearm for self-defense outside the person’s home or business in D.C., so in effect the ban on carry already found unconstitutional remains.

Wrenn and Grace therefore presented the appellate court with the questions of whether the Second Amendment’s right to “bear” arms for self-defense extends beyond the home and, if so, whether District officials could nevertheless deny that right to all but a select, hand-picked few. The court’s answer to those questions was a resounding “yes” and “no,” respectively.

The D.C. Circuit analogized the District’s current concealed carry licensing regime to the ban on keeping handguns at issue in Heller. The issue, the court stated, is not whether a few select people could exercise the right but whether it was available to responsible, law-abiding people in ordinary circumstances.Because the court found that D.C.’s “good” or “proper” reason requirement was effectively a ban on bearing arms by people entitled to Second Amendment protection, it declared the requirement invalid and barred its enforcement.

The upshot of this decision is that D.C. must now issue concealed carry licenses to all otherwise eligible applicants, i.e., those who pass the District’s background check and training requirements and pay the applicable fees. Unfortunately, the court’s order is effectively on hold while District officials determine their next legal move. That could mean asking for a rehearing before the full D.C. Circuit or appealing directly to the U.S. Supreme Court.

How the District will proceed remains to be seen, but in the meantime, your NRA’s efforts in the Grace case have for now contributed to winning a vital battle in the continuing conflict over the right to keep and bear arms in the seat of the nation’s government. As ever, we will keep our readers apprised of further developments in this ongoing effort.

TRENDING NOW
With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Colorado: Assault Weapons Ban Vote Happening This Week! Merchant Category Mandate Legislation Headed to the Governor

Tuesday, April 9, 2024

Colorado: Assault Weapons Ban Vote Happening This Week! Merchant Category Mandate Legislation Headed to the Governor

The Colorado General Assembly continues to throttle down on gun control. Today, House Majority Leader Monica Duran announced that HB24-1292, the so-called “assault weapons” ban, could be voted on as soon as this week after lying ...

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

Maine: Wednesday: Floor Vote on Classifying Shotguns as "Machine Guns"

Wednesday, April 10, 2024

Maine: Wednesday: Floor Vote on Classifying Shotguns as "Machine Guns"

Senator Anne Carney, Maine's leading gun grabber, is at it again.

NRA-ILA Scores Injunction Preventing Enforcement of CA Youth Firearms-Advertising Restriction

Friday, April 12, 2024

NRA-ILA Scores Injunction Preventing Enforcement of CA Youth Firearms-Advertising Restriction

Fairfax, Virginia – April 12, 2024…Today, NRA-ILA announced a significant legal victory protecting First Amendment and firearm-related rights, as a California district court preliminarily enjoined enforcement of California’s severe restrictions on the marketing of firearm-related products in the ...

The 97Percent Lie

News  

Monday, April 8, 2024

The 97Percent Lie

The newest kid on the block in the gun-ban movement is a group calling itself 97Percent, which claims it has “a deep commitment to promoting responsible gun ownership and enhancing public safety.” 

Colorado: School Employee Carry Ban Dies in Committee and Semi-Auto Ban Vote Today

Friday, April 12, 2024

Colorado: School Employee Carry Ban Dies in Committee and Semi-Auto Ban Vote Today

In a win for the residents of Colorado, HB24-1310 the ban on school employees carrying on school grounds, was tabled by the committee for the rest of this session. This legislation would have ended the very successful FASTER ...

Maine: Anti-Gun Bills Could be Voted on At Any Time

Thursday, April 11, 2024

Maine: Anti-Gun Bills Could be Voted on At Any Time

At any moment, the Maine House and Senate could vote on Michael Bloomberg's extreme slate of anti-gun bills.

NRA Statement on Recent DOJ/ATF Final Rule

News  

Second Amendment  

Thursday, April 11, 2024

NRA Statement on Recent DOJ/ATF Final Rule

This latest Biden Administration attack on law-abiding gun owners is a blatant attempt to coerce Americans to forego legal activity with firearms under threat of potential confiscation of their lawfully acquired and constitutionally protected property. ...

“Crime Guns” -- D.C.’s MPD Under an ATF Cloud

News  

Monday, April 8, 2024

“Crime Guns” -- D.C.’s MPD Under an ATF Cloud

Some reckonings are a long time coming. The District of Columbia’s irrational hostility to all things gun-related and to legitimate, licensed retail gun dealers in particular, has reportedly culminated with the federal Bureau of Alcohol, ...

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.