Judge finds DC gun law violates right of self defense

guns-in-DC

Washingtonpost.com:

 

A federal judge ruled Tuesday that a key provision of the District’s new gun law is probably unconstitutional, ordering D.C. police to stop requiring individuals to show “good reason” to obtain a permit to carry a firearm on the streets of the nation’s capital.

U.S. District Judge Richard J. Leon found that the law violates the “core right of self-defense” granted in the Second Amendment, setting aside arguments from District officials that the regulation is needed to prevent crime and protect the public.

“The enshrinement of constitutional rights necessarily takes certain policy choices off the table,” Leon wrote in a 46-page opinion, quoting a 5-to-4 Supreme Court decision in 2008 in another District case that established a constitutional right to keep firearms inside one’s home.

Leon said the right applies both inside and outside the home.

“The District’s understandable, but overzealous, desire to restrict the right to carry in public a firearm for self-defense to the smallest possible number of law-abiding, responsible citizens is exactly the type of policy choice the Justices had in mind,” he wrote.

So what happens from here?   What does all this mean?

The Tuesday ruling imposed a preliminary injunction, pending further litigation. The decision means the city cannot deny concealed-carry permits to residents who do not show a good reason for needing a gun but otherwise would qualify for the permits.

What about non-residents who feel the need to carry a weapon inside the District of Columbia?

 

 

McAuliffe pisses off Republicans

Washingtonpost.com:

Gov. Terry McAuliffe has rankled some Virginia Republicans by repeatedly calling for greater gun control after Wednesday’s deadly shootings in Southwest Virginia.

“Clearly that gentleman should not have owned a gun,” McAuliffe said of Vester L. Flanagan II, who killed a two-person news crew on live television early Wednesday. “That’s plain and simple. That was a tragedy. Now I have no idea if any new gun laws would have changed that, we don’t know, but my job as governor is to do everything I humanly possibly can do to make our communities safe.”

Several Republican legislators took to Twitter to blast McAuliffe for what one called his “shameless politicization of tragedy” — particularly because closing the gun show loophole, a gun control measure McAuliffe mentioned, wouldn’t have kept the gun out of Flanagan’s hands.

“I thought it was extremely unfortunate that while the family is still in shock at this news and while a manhunt is still actively underway, that the governor saw fit to try to advance his legislative agenda,” said Deputy House Majority Leader C. Todd Gilbert (R-Shenandoah). “The even more unfortunate thing is that the agenda that the governor cited apparently has nothing to do with the facts of this tragic case. . . . If we’re going to try to fix problems that are the ills of our society, we should focus on things that are actually relevant to these tragedies.”

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Gun loophole that needs to be plugged

 

Washingtonpost.com:

The man who killed two women at a Louisiana movie theater last week was able to buy a firearm legally — despite a judge’s order sending him to a psychiatric hospital in 2008 — because he was never involuntarily committed for treatment, Georgia officials said Monday.

An involuntary commitment would have banned John Russell Houser from buying a firearm under the federal gun law that strengthened state reporting requirements after a mass shooting at Virginia Tech in 2007. But Houser never reached the crucial stage of having a judge rule on his mental competence, a process called adjudication, which is required before someone can be involuntarily committed to a psychiatric facility, officials said.

“If he had been adjudicated in need of involuntary treatment, I would have reported that to the Georgia Bureau of Investigation, who would then send it to the FBI,” said Muscogee County Probate Judge Marc E. D’Antonio, who was chief clerk at the time in the county that would have handled the case. “I clearly would have known. That did not happen.”

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