DC "good reason"/"proper reason" requirement struck down

A general form where all topics can be discussed.

DC "good reason"/"proper reason" requirement struck down

Postby n1bsbri » Tue May 19, 2015 3:29 am

US District Court for District of Columbia has issued a preliminary injunction barring the DC Police from applying their "good reason"/"proper reason" requirement on concealed carry applicants. The wording of the DC statute is almost identical to RI's licensing statute.

Even though this is not directly applicable to RI, it bolsters the argument that discretionary licensing schemes are unconstitutional.

Read the whole decision, it's a good one. A lot of interesting legal research in there that could help us.

https://www.firearmspolicy.org/wp-content/uploads/2015/05/Wrenn-v-Lanier-decision-order-MPI.pdf

IV. CONCLUSION
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 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;
“What New England is, is a state of mind, a place where dry humor and perpetual disappointment blend to produce an ironic pessimism that folks from away find most perplexing”― Willem Lange
User avatar
n1bsbri
 
Posts: 1049
Joined: Tue Dec 06, 2011 9:56 pm

Re: DC "good reason"/"proper reason" requirement struck do

Postby newportri » Tue May 19, 2015 1:38 pm

I am surprised to see this come out a DC court.. Hopefully this will set the stage to hopefully get this resolved in SCOTUS once and for all.
....the right to keep and bear arms, shall not be infringed.
Check out our website here:
http://www.rifol.org/
newportri
 
Posts: 4598
Joined: Thu Aug 12, 2010 1:51 am

Re: DC "good reason"/"proper reason" requirement struck do

Postby Uncle Duke » Wed Jul 08, 2015 11:59 am

Judge Scullin of the U.S. District Court (Second District) initially issued an injunction that required DC Metropolitan Police to issue concealed handgun permits on a "shall issue" basis. About two weeks later a stay was issued. On Monday (July 7th), the U.S. Court of Appeals for the District of Columbia dissolved the stay and issued it's own stay. Per conversations with Sgt. Colin Hall of the Firearms Registration Section, they are continuing to process applications, although are adhering to the existing rules that require a justifiable reason.

I jumped through the hoops, took a 2 hour class in use of deadly force and DC laws regarding concealed carry, got fingerprinted, photographed, and gave them my signature on June 19th. They have 90 days to complete my background investigation. Given the time lines stated on the website, I should expect an answer, granted or denied, before the Court of Appeals hears arguments in September (or later).

Uncle Duke
Certified NRA Range Safety Officer, Home Firearm Safety, Pistol, and Personal Protection Instructor. Certified MA Basic Pistol/LEOSA, MD, and UT Concealed Handgun Instructor
User avatar
Uncle Duke
 
Posts: 104
Joined: Thu Jun 25, 2015 10:30 am
Location: North East Ohio

Re: DC "good reason"/"proper reason" requirement struck do

Postby newportri » Wed Jul 08, 2015 2:53 pm

Thanks for letting us know. Are you applying as a resident or non-resident? Does the NRA basic pistol class meet their 'training' requirement? How about being an NRA pistol instructor?
How much does the application and permit cost?
I got this as an audio book trial a while ago and listened to it on my daily commute and it is a pretty good story on what Emily had to go through just to purchase a handgun.
http://www.amazon.com/Emily-Gets-Her-Gun-Obama/dp/1621571920/ref=sr_1_1?ie=UTF8&qid=1436367071&sr=8-1&keywords=got+her+gun+but+obama+wants+to+take+yours

Please keep us posted.
....the right to keep and bear arms, shall not be infringed.
Check out our website here:
http://www.rifol.org/
newportri
 
Posts: 4598
Joined: Thu Aug 12, 2010 1:51 am

Re: DC "good reason"/"proper reason" requirement struck do

Postby n1bsbri » Wed Jul 08, 2015 3:45 pm

I think it has to be a D.C. approved instructor and/or course. I remember Emily Miller going over that when she was applying, it was a big issue and a hassle to get D.C. training. It's probably discussed in that series of articles she wrote at the time.

ETA - there is a list of certified instructors, similar to but much shorter than the Massachussetts list:

http://mpdc.dc.gov/node/1069042
“What New England is, is a state of mind, a place where dry humor and perpetual disappointment blend to produce an ironic pessimism that folks from away find most perplexing”― Willem Lange
User avatar
n1bsbri
 
Posts: 1049
Joined: Tue Dec 06, 2011 9:56 pm

Re: DC "good reason"/"proper reason" requirement struck do

Postby newportri » Wed Jul 08, 2015 4:33 pm

I figured that the 8 hour NRA basic pistol course would meet or exceed a 2 hour "Washington DC" class, but DC probably just wants to make it difficult for applicants.
....the right to keep and bear arms, shall not be infringed.
Check out our website here:
http://www.rifol.org/
newportri
 
Posts: 4598
Joined: Thu Aug 12, 2010 1:51 am

Re: DC "good reason"/"proper reason" requirement struck do

Postby Uncle Duke » Sun Jul 12, 2015 1:18 pm

You have to complete the NRA Basic Pistol Course and complete two hours of live fire training, plus two hours of training in DC laws regarding Carrying a Concealed Weapon and Use of Deadly Force. I would submit your packet with a copy of your most recent Basic Pistol certificate and copies of your NRA Instructor Certification and ID.

The NRA course and live fire does not have to have been completed with a DC MPD approved instructor, however, the 2 hour law class does. I applied for a waiver of the Basic Pistol Course and live fire as I had already done this several times as part of my licensure in Ohio and other states. The 2 hour course I took was with George Lyons, Jr., a DC firearms attorney. He was part of the original lawsuit that resulted in DC residents getting the right to purchase and carry. I highly recommend his course.

A list of approved instructors appears on the DC MPD website.

After you have completed all the paperwork, you must apply in person, pay to get fingerprinted (electronically), photographed, and submit an electronic signature. Then wait.

I applied as a non-resident. I don't know whether they will approve my license or not because after the U.S. Court of Appeals for DC issued a stay on Judge Scullin's injunction. The case is to be heard sometime after September 23, which is the deadline for filing of arguments. I applied on June 19th, so the 90 period in which DC has to complete my background check would come up just before arguments are due.

Uncle Duke
Certified NRA Range Safety Officer, Home Firearm Safety, Pistol, and Personal Protection Instructor. Certified MA Basic Pistol/LEOSA, MD, and UT Concealed Handgun Instructor
User avatar
Uncle Duke
 
Posts: 104
Joined: Thu Jun 25, 2015 10:30 am
Location: North East Ohio

Re: DC "good reason"/"proper reason" requirement struck do

Postby newportri » Mon Jul 13, 2015 11:43 am

Did you also apply in person or do they make exemptions?
....the right to keep and bear arms, shall not be infringed.
Check out our website here:
http://www.rifol.org/
newportri
 
Posts: 4598
Joined: Thu Aug 12, 2010 1:51 am

Re: DC "good reason"/"proper reason" requirement struck do

Postby Uncle Duke » Mon Jul 13, 2015 11:53 am

No exceptions, you must apply in person. They only accept their live scan of your prints, have you sign an electronic tablet, and take your picture there at the DC MPD headquarters.

What I found is rather interesting for those who get permits: You must register any firearm that you carry in DC and have to do this in person with your firearm (!). Because DC has a magazine restriction, you must bring your unloaded magazine with you for them to inspect. By doing so, you are also violating the law and risk arrest and having your firearm seized if caught with a gun. I spoke with Sgt. Colin Hall about this procedure and he informed me that you need to call in advance to let them know that you're bringing your firearm in for registration.

DO NOT UNDER ANY CIRCUMSTANCES HAVE ANY AMMO ON YOU WHEN YOU BRING YOUR GUN WITH YOU! DC law is very specific about ownership of ammo and has very strict penalties for possession of ammunition for unregistered firearms, even possession of spent shell casings may constitute a felony (even rimfire .22). I would suggest that if you get a concealed carry permit for DC that you leave the ammo in your hotel room or locked in the trunk of your car and not reload until you are clear of the exclusion zones in DC.

Uncle Duke

As I have no wish to toy with anybody's life, I suggest you take this and all other posts with a certain amount of skepticism. Carefully evaluate, and if necessary, research on your own any suggestions or advice you might pick up here, especially those from my posts, as I obviously haven't the skill and experience exhibited by some of the more illustrious and more successful members of this forum. I am not a lawyer and am speaking exclusively from my experiences.
Certified NRA Range Safety Officer, Home Firearm Safety, Pistol, and Personal Protection Instructor. Certified MA Basic Pistol/LEOSA, MD, and UT Concealed Handgun Instructor
User avatar
Uncle Duke
 
Posts: 104
Joined: Thu Jun 25, 2015 10:30 am
Location: North East Ohio

Re: DC "good reason"/"proper reason" requirement struck do

Postby Uncle Duke » Mon Sep 21, 2015 1:51 pm

Just got off the phone with the Firearms Registration Section at DC MPD and learned that I was DENIED. The person who looked up my application said that I should get a letter in the mail that explain the reasons for denial and the appeals process. I will probably appeal, although will check with my attorney (a gun rights lawyer in DC) first.
Certified NRA Range Safety Officer, Home Firearm Safety, Pistol, and Personal Protection Instructor. Certified MA Basic Pistol/LEOSA, MD, and UT Concealed Handgun Instructor
User avatar
Uncle Duke
 
Posts: 104
Joined: Thu Jun 25, 2015 10:30 am
Location: North East Ohio


Return to General Discussion

Who is online

Users browsing this forum: No registered users and 1 guest

cron