Federal Judge To DC Government: The 2nd Amendment Is A Right, No Extra Reason Needed

Federal Judge To DC Government: The 2nd Amendment Is A Right, No Extra Reason Needed

Via IJ Review

Ten months ago, U.S. District Judge Frederick J. Scullin Jr. ruled Washington, D.C.’s ban on carrying firearms as unconstitutional. Monday, he gutted the district’s new permitting process, in response to his original ruling.

The law, which was passed in September, provided carry permits for D.C. residents – only if they could show a good reason to carry a weapon, like a legitimate fear of injury or, as the law states, “any other proper reason for carrying a pistol.”

Judge Scullin again found the law, known as the “good reason” provision, unconstitutional.

In a 23-page opinion, U.S. District Judge Frederick J. Scullin Jr. ruled that condition — known as the “good reason/proper reason” requirement — still “impinges on Plaintiffs’ Second Amendment right to bear arms,” because it fails to target dangerous people or specifically how or where individuals carry weapons.

“The issue here is not whether the . . . requirement is a reasonable or wise policy choice. Rather, the issue is whether this requirement, no matter how well intended, violates the Second Amendment,” Scullin wrote.

Those who apply for a license must still pass a background check, undergo training and refrain from carrying a firearm in certain public locations.