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Post subject: Court Strikes Down DC Requirement "Good Reason" for CHL
Post Posted: Tue May 19, 2015 8:05 am
The Court handed down it’s decision on Monday on the requested motion–and Attorney Alan Gura was the big winner, again:

After reviewing the entire file in this matter, the parties’ submissions and the applicable law, and for the above-stated reasons, the Court hereby ORDERS that Plaintiffs’ motion for a preliminary injunction is GRANTED; and the Court further ORDERS that Defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of the injunction are enjoined from enforcing the requirement of D.C. Code § 22-4506(a) that handgun carry license applicants have a “good reason to fear injury to his or her person or property or has any other proper reason for carrying a pistol,” including, but not limited to, the manner in which that requirement is defined by D.C. Code § 7-2509.11 and 24 D.C.M.R. §§ 2333.1, 2333.2, 2333.3, 2333.4, and 2334.1, against Plaintiffs Brian Wrenn, Joshua Akery, Tyler Whidby, and other members of Plaintiff Second Amendment Foundation, Inc.; and the Court further -22-Case 1:15-cv-00162-FJS Document 13 Filed 05/18/15 Page 23 of 23

ORDERS that Defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of the injunction, are enjoined from denying handgun carry licenses to applicants who meet the requirements of D.C. Code 22- 4506(a) and all other current requirements for the possession and carrying of handguns under District of Columbia law; and the Court further ORDERS that, pursuant to Rule 65(c) of the Federal Rules of Civil Procedure, Plaintiffs shall post security in the amount of $1,000.00; and the Court further
ORDERS that counsel shall appear for a conference with the Court on Tuesday, July 7, 2015, at 11:00 a.m. to discuss an expedited schedule for the resolution of this case.

IT IS SO ORDERED.

This seems to be an airtight Federal case, rather than a state's rights issue. This flies in the face of the U.S. Court of Appeals that upheld NYS's and NYC's justifiable carry provision and is likely to be challenged. However if it isn't, this will set a precedent for NYS, NYC, MA, MD, and CA.

Looking forward to hearing what happens with Peruta v. Gore next month when the argument is heard en banc.

Uncle Duke

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Post subject: Re: Court Strikes Down DC Requirement "Good Reason" for CHL
Post Posted: Tue May 19, 2015 4:49 pm
I spoke with someone in the DC Firearms Control and Licensing Division this afternoon to inquire about any change in policies or procedure. They informed me that they filed an appeal today and requested a stay to the injunction, which essentially puts any changes on hold until their appeal has been heard.

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Post subject: Re: Court Strikes Down DC Requirement "Good Reason" for CHL
Post Posted: Sat May 21, 2016 12:48 pm
Another victory for Concealed Carry this week in the U.S. District Court for the District of Columbia, although this is likely to be short-lived as Cathy Lanier (DC MPD Chief of Police) and the Attorney General for DC, Karl Racine have filed a motion for stay of Judge Richard J. Leon's order that the District shall issue without good reason. The fact that this suit was ruled in favor of 2nd Amendment rights/gun rights is a good sign as there are more parties that are willing to fight for the right to carry concealed in DC. Even if Mr. Grace and Pink Pistols lose at the District Court level and it is appealed to U.S. Court of Appeals and they lose (which is quite likely because of the judges sitting on the bench in DC), an appeal to the U.S. Supreme Court will likely force them to hear the argument for concealed carry.

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Post subject: Re: Court Strikes Down DC Requirement "Good Reason" for CHL
Post Posted: Sat May 21, 2016 6:18 pm
Hope you're right, Duke. But that delay by the police and other DC officials could serve to get innocent people killed. Any such deaths, in my world those officials would ultimately be held accountable.

"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: Court Strikes Down DC Requirement "Good Reason" for CHL
Post Posted: Sun May 22, 2016 10:21 am
Open carry or conceal carry in DC is useless until 18 U.S.C. § 930, Possession of firearms and dangerous weapons in Federal facilities, is repealed.
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Post subject: Re: Court Strikes Down DC Requirement "Good Reason" for CHL
Post Posted: Sun May 22, 2016 9:30 pm
color of law wrote:
Open carry or conceal carry in DC is useless until 18 U.S.C. § 930, Possession of firearms and dangerous weapons in Federal facilities, is repealed.


Even more useless if you read and abide by all of the restrictions on where you can and where you cannot carry (e.g., carry in organized gatherings, on public transportation, in multiple exclusion zones).

If you want to get a CHP in DC you will need to appear in person at DC MPD headquarters, pay $75.00, get fingerprinted, and wait, and wait, and wait... 90 days. By then, it's likely that Chief Lanier will be granted a stay on Judge Leon's order.

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Post subject: Re: Court Strikes Down DC Requirement "Good Reason" for CHL
Post Posted: Fri May 27, 2016 9:51 pm
And the drama goes on:

(from the DC MPD Concealed Pistol Permit website):

Per the Office of the Attorney General:

On May 27, 2016, the D.C. Circuit issued an order temporarily staying the preliminary injunction issued by Judge Richard Leon of the U.S. District Court for the District of Columbia in Grace v. District of Columbia, Civil Action No. 15-2234, pending further review. Until further notice, applicants must satisfy all requirements of the Firearms Control Act of 1975 (D.C. Official Code § 7-2501 et seq.), including the “Good Reason” requirement.

A reply by the Plaintiffs is due next Friday (June 3rd) and a rebuttal by DC MPD Police Chief Cathy Lanier and AG Karl Racine is due the following Monday (June 6th). I don't expect that this will be resolved before September. The only saving grace is that Judge Colleen Kollar-Kotelly isn't one of the judges hearing this case (she's an anti-gun Clinton appointee). She is, however, hearing the appeal of Wrenn, et al v. DC MPD, which also argues against the requirement for a "good cause".

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