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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.

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Washington: NRA Files Legal Challenge Against Misleading Ballot Title for Gun Control Initiative

Thursday, May 17, 2018

Washington: NRA Files Legal Challenge Against Misleading Ballot Title for Gun Control Initiative

Yesterday, NRA filed a legal challenge in the Thurston County Superior Court objecting to the misleading and inadequate ballot title for Initiative 1639, which seeks to further restrict the Second Amendment rights of Washington's law-abiding citizens.  The Thurston ...

Hard Times for Dick's as Second Amendment Supporters Respond to Company’s Anti-Gun Bent

Hunting  

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Friday, May 11, 2018

Hard Times for Dick's as Second Amendment Supporters Respond to Company’s Anti-Gun Bent

We have recently been reporting on the bizarre anti-gun activism of one of the nation’s larger firearm retailers, Dick’s Sporting Goods and its affiliated Field & Stream stores. First, the company announced it would stop selling most centerfire semi-automatic ...

Tuesday, May 8, 2018

ALERT! Can't Wait for Your YETI Cover Up Stickers?

Approximately 100,000 free stickers, proudly displaying the message "I STAND WITH THE NRA FOUNDATION," were distributed at the NRA Annual Meeting in Dallas, Texas last week.  These stickers were designed to cover up the YETI ...

Sorry, Alyssa, But We're Glad We Came

News  

Friday, May 11, 2018

Sorry, Alyssa, But We're Glad We Came

You likely recall we mentioned a new anti-gun organization recently formed, which was billed as the brainchild of actress Alyssa Milano.  You may also recall that we reported her group, NoRA, had made the vaguely threatening proclamation, ...

Anti-Gun Democrat Proposes Banning Semi-Autos and Going After "Resisters"

News  

Friday, May 11, 2018

Anti-Gun Democrat Proposes Banning Semi-Autos and Going After "Resisters"

The headline of the USA Today op-ed said it all. Anti-gun Congressman Eric Swalwell (D-Calif.) last week advocated for legislation to ban an as-yet undetermined class of semi-automatic firearms and to “go after resisters” who refuse to relinquish their ...

Oregon: NRA Files Comments Against Initiative to Restrict Your Right to Self-Defense

Thursday, May 17, 2018

Oregon: NRA Files Comments Against Initiative to Restrict Your Right to Self-Defense

On May 15th, NRA filed comments with the Oregon Secretary of State opposing the proposed ballot title for Initiative Petition 44, which seeks to restrict the self-defense rights of Oregon’s law abiding citizens.  The state Attorney ...

Illinois: Senate Passes Another Bill to Shut Down Your Gun Store Despite Veto of Previous Two

Wednesday, May 16, 2018

Illinois: Senate Passes Another Bill to Shut Down Your Gun Store Despite Veto of Previous Two

Today, the Illinois state Senate voted 35-18 to pass Senate Amendment 3 to Senate Bill 337, which would shut down your local gun stores with onerous red tape and regulations.  Governor Bruce Rauner has previously vetoed two ...

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.

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Friday, April 27, 2018

NRA Statement on Yeti

The National Rifle Association released the following statement from in response to Yeti’s inaccurate statements:

Swiss Gun Rights Supporters Refuse to Capitulate to International Gun Controllers

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Friday, May 11, 2018

Swiss Gun Rights Supporters Refuse to Capitulate to International Gun Controllers

As NRA-ILA reported on April 27, peaceful Switzerland is in the crosshairs of international and domestic gun control advocates who are intent on abolishing the idyllic nation’s tradition of an armed citizenry. Using the 2017 changes to ...

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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.