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Post subject: DC No Longer Permitted to Require "Good Reason" for CHL
Post Posted: Tue Jul 25, 2017 8:36 pm
Today, the D.C. Circuit released its long-awaited decision in Wrenn v. D.C and Grace v. DC.


These cases were consolidated on appeal for purposes of appeal and argument. In those cases, the plaintiffs had challenged the DC statute that required the applicant to show that they had a "Good Reason" for a carry permit, defined as a reason that was special to the applicant. The full decision can be found on the website of the 2nd Amendment Foundation, one of the amicus in the Wrenn case. Here is the last sentence in the majority opinion:

"We vacate both orders below and remand with instructions to enter permanent injunctions against enforcement of the District's good-reason law."

This is, of course, a huge win. The D.C. "Good Reason" statute is so close to the illogical reasons that NYC and the (Communist) states of NJ and CA use to prevent people from being issued concealed handgun permits. The rub here is that D.C.'s Attorney General Karl Racine will likely file an appeal for an en banc hearing by the appeals court and effectively stop anyone from getting a permit. The good news is that if the ruling survives an en banc hearing, this will cause a circuit split (i.e., go against previous rulings of the Second Circuit- which has ruled in favor of NYC and NYS concealed carry laws and the Fourth Circuit- Maryland), virtually forcing a writ of certiorari by the U.S. Supreme Court, only because D.C. would not lose this case at any cost.

There is hope for the 2nd Amendment.

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Post subject: Re: DC No Longer Permitted to Require "Good Reason" for CHL
Post Posted: Wed Jul 26, 2017 3:50 pm
In the meantime, maybe a couple of liberal SCOTUS justices will croak, and President Trump can replace them with conservatives. You know, normal people.

"I have decided not to vote, speak in public, assemble in groups or petition my government either directly or by writing to the newspapers.

Some ignorant person may become alarmed, and we can't have that.''

--CAR15A2, 3/31/09
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Post subject: Re: DC No Longer Permitted to Require "Good Reason" for CHL
Post Posted: Sat Sep 30, 2017 10:27 am
On Thursday (September 28, 2017), the D.C. Circuit denied the District of Columbia's petition for rehearing and rehearing en banc in the Wrenn and Grace cases (the lead case is Wrenn). In the consolidated appeal in those cases, a three judge panel of the D.C. Circuit had struck down as unconstitutional the DC requirement that an applicant show a "good reason" for a permit to carry a handgun outside the home. Significantly, the court's order denying en banc noted that no judge even requested a vote on the petition. What a contrast with the Ninth Circuit! That circuit has granted en banc in every case from a favorable panel decision applying the Second Amendment.

At this point, the DC government can choose either to file a petition for a writ of certiorari before the Supreme Court or accept the D.C. Circuit's decision. In Heller, DC sought certiorari and ultimately lost on the merits. It is possible that DC will once again seek certiorari in Wrenn, however, they are likely to be under pressure from other states to not seek certiorari. If it does, there are good reasons to believe that the Supreme Court will agree to hear the case because it will cause a circuit split as the Wrenn decision openly disagrees with the 2nd, 3rd, and 4th Circuits, all which have sustained as constitutional similar "good reason" requirements. Second, not only does the Wrenn decision create a square conflict in the circuits, it invalidates a DC law on Second Amendment constitutional grounds. Third, we now have a full Court of nine Justices, including Justice Gorsuch, and while it takes five to win, it only takes four Justices to grant certiorari. Not to get ahead of ourselves, but if the Supreme Court does take the case and the plaintiffs prevail, that Supreme Court decision will effectively overrule previous rulings that have allowed Maryland, New Jersey, California, Hawaii, Puerto Rico, and New York City to imposed "good reason" requirements.

DC has 90 days in which to file a petition for certiorari, subject to extension. In the meantime, under its local rules and prior order, the D.C. Circuit will issue its mandate seven days from today, including its instruction to the district courts in Wrenn and Grace to enter a permanent injunction against DC's "good reason" requirement. Once those permanent injunctions are issued by the district courts (it will take some time), applicants *should* be able to file carry applications with DC without regard to the "good reason" requirement, particularly if the applicant is a member of the Second Amendment Foundation, which was one of the plaintiffs in Wrenn. Of course, it is still possible that DC may seek to delay the court's mandate or ask for a stay of the mandate pending a petition for certiorari. Nothing in Wrenn changes the rules in "May Issue" states that require a "good reason" for issue of concealed carry as it will take a Supreme Court decision to do that. So stay tuned.

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Post subject: Re: DC No Longer Permitted to Require "Good Reason" for CHL
Post Posted: Thu Oct 05, 2017 7:52 pm
No seeking certiorari for ruling against D.C. They are now "Shall Issue".

http://www.nbcwashington.com/news/local ... 15203.html

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