D.C. No Longer Permitted to Require "Good Reason"

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D.C. No Longer Permitted to Require "Good Reason"

Postby Uncle Duke » Wed Jul 26, 2017 12:35 am

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 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.

Still, there is hope that the 2nd Amendment will prevail.
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Re: D.C. No Longer Permitted to Require "Good Reason"

Postby Uncle Duke » Sat Sep 30, 2017 2:28 pm

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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Re: D.C. No Longer Permitted to Require "Good Reason"

Postby Cyril » Sat Sep 30, 2017 4:59 pm

Good.

Can any of this be used to influence RI yet, either small scale (individual applications/court cases) or large scale (legislation or larger court cases)?
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Re: D.C. No Longer Permitted to Require "Good Reason"

Postby Uncle Duke » Sat Sep 30, 2017 6:40 pm

This will set a precedent at all levels if it gets appealed to the SCOTUS (and they rule in favor of Wrenn, Grace and Pink Pistols). Every governmental body/authority will have to abide by the decision.
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Re: D.C. No Longer Permitted to Require "Good Reason"

Postby newportri » Sun Oct 01, 2017 1:49 am

I believe the court of appeals declined to take the case (DC appealed their loss) and if that's the case then that's the end of the lawsuits.
Didn't read the whole thing, but you can read about it here.
https://www.nraila.org/articles/2017092 ... -carry-ban
....the right to keep and bear arms, shall not be infringed.
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Re: D.C. No Longer Permitted to Require "Good Reason"

Postby Uncle Duke » Sun Oct 01, 2017 2:29 am

Not quite. DC MPD, et al can appeal their case to the SCOTUS by submitting a writ of certiorari, that is a request to review the lower court's ruling. In the meantime, the U.S. Court of Appeals for the District of Columbia will end up issuing an order for permanent injunction, requiring DC MPD to issue concealed handgun permits. D.C. MPD can seek relief against the injunction while they are in the appeal stage, and if they appeal, they probably will.
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Re: D.C. No Longer Permitted to Require "Good Reason"

Postby newportri » Mon Oct 02, 2017 12:20 am

You are right, try could do that, but I doubt SCOTUS will take the case, but you need know what can happen
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Re: D.C. No Longer Permitted to Require "Good Reason"

Postby Uncle Duke » Mon Oct 02, 2017 12:38 pm

I doubt that DC MPD and Karl Racine will seek cert, although I could see Michael Bloomberg and Everytown or NJ seeking cert because of a circuit split. Given the composition of the SCOTUS, I think it's crapshoot whether they take the case under review.
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Re: D.C. No Longer Permitted to Require "Good Reason"

Postby Cyril » Thu Oct 05, 2017 8:24 pm

http://www.nbcwashington.com/news/local ... 15203.html
DC Attorney General Won't Take Gun Law Appeal to Supreme Court
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Re: D.C. No Longer Permitted to Require "Good Reason"

Postby Uncle Duke » Thu Oct 05, 2017 9:44 pm

This is good news, however, no so good news for those in MD, NJ, NY, CA, and NYC. Perhaps someone's suit will challenge the rulings in their Circuits.
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