Appeals court blocks DC’s conceal-carry law on Second Amendment grounds

second amendment3

The Constitution prevails.

From Fox News: A federal appeals court on Tuesday struck down a District of Columbia gun-control measure that the court said is essentially an outright ban in violation of the Second Amendment.

D.C. requires gun owners to have a “good reason” to obtain a concealed carry permit. The U.S. Court of Appeals for the D.C. Circuit struck down the regulation as too restrictive in a 2-1 decisionThe Washington Post reported.

“The good-reason law is necessarily a total ban on most D.C. residents’ right to carry a gun in the face of ordinary self-defense needs,” Judge Thomas B. Griffith (appointed by George W. Bush) wrote, according to the paper.

“Bans on the ability of most citizens to exercise an enumerated right would have to flunk any judicial test.”

Judge Stephen F. Williams (appointed by Ronald Reagan) joined Griffith in the decision.

The decision deals another legal blow to efforts by city officials to rewrite gun regulations since the Supreme Court declared a Second Amendment right to gun ownership in a 2008 D.C. gun case, the paper reported.

John R. Lott, Jr. of the Crime Prevention Research Center called the decision huge.

Right now, there are about 124 concealed handgun permit holders in D.C., Lott told Fox News. “If D.C. were like the 42 right-to-carry states, they would have about 48,000 permits. Right now D.C. prevents the most vulnerable people, particularly poor blacks who live in high crime areas of D.C., from having any hope of getting a permit for protection.”

The lone dissenter, Judge Karen Henderson (appointed by George H.W. Bush), said the district’s regulation “passes muster” because of the city’s unique security challenges as the nation’s capital and because it does not affect the right to keep a firearm at home.

Gun rights groups and Republican attorneys general from more than a dozen states told the court that the District’s system is unconstitutional because the typical law-abiding citizen could not obtain a permit, the paper reported.

City officials could ask all the judges on the circuit to rule on the matter, if they elect to appeal the decision.

DCG

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8 responses to “Appeals court blocks DC’s conceal-carry law on Second Amendment grounds

  1. Kevin J Lankford

    So they can generally concede that the second amendment represents an indisputable right of the true U.S. citizens of the whole of this Nation; yet find no contradiction in the infringement of permits and licensing.

    Liked by 3 people

  2. How does it happen that some politician way back then(?) managed to INFER Governmental Authority into OUR RIGHTS? The reason the Bill of Ri9ghts is worded as it is,was to specifically exclude the Government’s influence in those Rights. As hard as I’ve searched,I find NO authorization in the Constitution or Bill of Rights for the Government to exert ANY control over our God Given,Constitutionally protected Rights. I heard it mentioned on “Gun Talk” Sunday that we should approach our Second Amendment on exactly even grounds with our First Amendment.
    Would Americans support a requirement for American Citizens to have a Comprehensive Background Check done,take a training/test course and pay a substantial fee before being allowed to SPEAK? How about being told that certain words can’t be said at all,and other words CAN be spoken,but require another license to be allowed? And SOME words can only have 10 letters? Would America support THAT? Hell,NO they wouldn’t! So what makes the SECOND Amendment okay to infringe upon?

    Liked by 4 people

  3. truckjunkie, you sure could have a seat in Congress

    Liked by 1 person

    • Thanks,but I fear my temper would get away from me trying to deal with so many brainless twits every day. I doubt I could keep from insulting the Career Congressmen who STILL don’t know that Congress positions were NEVER intended to last more than a specific length of time,after which they LEAVE Congress and go back to their Stores,Farms,Banks or whatever vocation they had before being called into service. BTW-HOW much money do we pay in retirement benefits for Presidents,Congressmen,Senators and all the other Career National Politicians who eventually retire. Surely SOMEONE has crunched that number and has a Total. I bet it’s a $BUNDLE$! What do they do that justifies a LIFETIME Retirement?

      Liked by 1 person

  4. It galls me that anyone would be required to give a reason to exercise a constitutional right.
    Seriously: This reminds me of the old-fashioned Catholic school I went to for eight years: The nuns and teachers may have wanted the best for us, but they were control-freak maniacs who always made us justify anything we did.
    Either we have a right or we don’t; No one can be commanded to give a “reason” or defense to exercise that right. And the Catholic school analogy holds: The left are even WORSE control-freak maniacs. To paraphrase Mencken: “Liberalism: The fear that someone, somewhere might be having fun.”

    Liked by 2 people

  5. Kevin J Lankford

    Truly that is the whole purpose of the second amendment; to assure that no one has the right, or should I say authority, to ask WHY.

    Liked by 3 people

  6. This has always made my blood boil. What part of “shall not be infringed” do they not understand? We do not need PERMISSION from them, or anybody else. Indeed, it is precisely the other way round.

    There is absolutely no “qualifier” in the Bill of Rights. It doesn’t say “unless you don’t have a good reason….”, or “unless your parasite is afraid of you…”. No, “shall not be infringed” is about as clear a standard as you’re ever going to get.

    Liked by 1 person

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