Positive Federal District Court Case from the DC District

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  • MarkC

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    Mar 6, 2016
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    Mooresville
    On the heels of the favorable (though tentative) decision from the Ninth Circuit, a federal District Court judge in DC issued a preliminary injunction against the restrictive DC licensing scheme.

    https://www.washingtonpost.com/news...ses-to-law-abiding-adults-says-federal-judge/

    (From Matthew Grace and Pink Pistols v. District of Columbia and Cathy Lanier, Case 1:15-cv-02234-RJL)

    It is important to bear in mind this is just a preliminary injunction, but the judge clearly believes that strict scrutiny must be applied and the District's policy argument cannot overcome the Supreme Court's holding that the Second Amendment confers an individual right in Heller. As the author of the article, law professor Eugene Volokh notes, the District will almost certainly seek a stay of the order, pending appeal to the DC Circuit.

    From Judge Leon's Memorandum Opinion:

    Because the right to bear arms includes the right to carry firearms for self-defense both in and outside the home, I find that the District’s “good reason” requirement likely places an unconstitutional burden on this right. Accordingly, I hereby GRANT plaintiffs’ request for a preliminary injunction and enter an order that enjoins the District of Columbia from denying concealed carry licenses to applicants who meet all eligibility requirements other than the “good reason” requirement. . . .
     

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