Judge Rules Against D.C.’s ‘Good Reason’ Licensing Standard

A federal judge in Grace and the Pink Pistols v. District of Columbia lawsuit has instructed D.C. officials to stop enforcing provisions of the city’s code that barred most D.C. residents from carrying firearms for self-protection.PinkPistolsLOGO

In the ruling, Judge Richard J. Leon of the U.S. District Court for the District of Columbia concluded that the district’s law is likely unconstitutional and that the plaintiffs who are challenging it in court would be severely harmed if the district were allowed to continue to enforce its ban while the lawsuit went forward. The judge held that the district’s “overly zealous…desire to restrict the right to carry in public a firearm for self-defense to the smallest possible number of law-abiding, responsible citizens” unconstitutionally flouted the Second Amendment.

The lawsuit was filed last year by Matthew Grace, the owner of four legally registered handguns, and Pink Pistols, a shooting group to which he belongs. In the suit, Grace said that he had no special reason for needing to carry a gun on the street, beyond the usual worries about street violence, but that the gun law violated the Second Amendment right to bear arms for self-defense. The Pink Pistols calls itself “the world’s largest GLBT self-defense organization,” with the motto “Pick On Someone Your Own Caliber.”

In 2008, the Supreme Court struck down a D.C. law banning most citizens from possessing handguns at all, reasoning that such a ban was inconsistent with the individual right to keep and bear arms guaranteed by the Second Amendment. The district continued to enforce its ban on carrying firearms in public even after that ruling, however, and a federal district court struck that separate ban down in 2014.

The district responded by enacting a new “licensing” scheme that only allowed its residents to carry firearms in public if they could show a specific, documented need for self-defense—for example, by proving that they had been attacked or were receiving death threats. The city issued a minuscule number of licenses, and the scheme had the practical effect of a full ban.

The ruling prohibits law enforcement from enforcing the concealed carry ban temporarily while the constitutionality of the ban continues to be argued in court.

“This is a victory for Second Amendment rights and has real implications for the safety of law-abiding citizens,” said Chris Cox, executive director of the National Rifle Association’s Institute for Legislative Action. “The Supreme Court has held that the Second Amendment protects the core right of self-defense in the home, but as the District Court reaffirmed, that right is just as important to ordinary citizens commuting to work or shopping for groceries in an unsafe neighborhood.”

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