The Second Amendment Foundation has won a preliminary injunction against the District of Columbia and Metropolitan Police Chief Cathy Lanier’s requirement to provide a “good reason” when applying for a concealed-carry permit.
The policy makes it virtually impossible for law-abiding residents to get a concealed-carry permit even though the district has a law allowing the permits.
The law was adopted under legal pressure from the Second Amendment Foundation, but Lanier tried to find a way to block residents from taking advantage of the law by requiring them to state what their reason was for applying for the permit.
Judge Frederick J. Scullin ordered the city is “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.”
Judge Scullin further wrote in his 23-page opinion that the District’s “good reason/proper reason” requirement “has far more than a ‘de minimis’ effect on [their] rights, it completely bars the right from being exercised, at all times and places and in any manner, without exception” and that the requirement “impinges on Plaintiff’s Second Amendment right to bear arms.”
SAF founder and Executive Vice President Alan Gottlieb said Lanier has denied virtually every permit application brought to her under the city’s “good reason” policy.
He called the ruling a “devastating loss” for what was a de facto handgun ban in the district.
“This is a devastating loss for the District and its anti-gun-rights policy,” Gottlieb said. “We’re delighted with the judge’s ruling, because once again, the court has thwarted the District’s blatantly obvious effort to discourage the exercise of Second Amendment rights by forcing permit applicants to jump through a series of hoops and then frustrate them by requiring an arbitrary ‘good reason’ for the exercise of a constitutionally-protected civil right.”
Gottlieb said the court ruling essentially says the “good reason” requirement does not pass the smell test.
“It stinks, and always did stink, and now everybody knows it,” Gottlieb said.
The order also says that attorneys for both sides shall appear for a conference with the court on July 7, to “discuss an expedited schedule for the resolution of this case.”
“You can’t ask for more than that,” Gottlieb said. He noted that this is the second time in a row the District has lost on a carry issue in a case involving SAF.
“This is getting to be rather tiring,” he said. “To quote the renowned American folk trio, Peter, Paul and Mary, ‘When will they ever learn, when will they ever learn?'”