Tipsheet

ICYMI: Court Of Appeals Refuses To Rehear DC Gun Control Case

While it may not be the most welcome news in terms of gun rights since the court kept most of the District’s strict gun regulations in place, it did refuse to rehear the case in its entirely in front f the full panel. It also upheld the panel’s original decision that struck down the quote on registering one gun a month (via WaPo):

In denying the city’s request, Judge Patricia A. Millett — who has been mentioned as a potential nominee to replace Supreme Court Associate Justice Antonin Scalia — sought to clarify her vote on a controversial topic. Millett wrote that the city had failed to fully show in court how some of its registration requirements — particularly a 15-question test on local gun laws — were sufficiently related to the government’s interest in promoting public safety.

“The District failed that task,” Millett wrote in a brief statement attached to the court’s order.

The court’s 2-to-1 ruling in September upheld as constitutional many of the District’s registration rules, such as requirements for fingerprinting and a one-hour firearms safety course. But the decision eliminated the city’s prohibition on registering more than one gun a month…

So, is this a good ruling? Hey, it’s the District of Columbia; they’re always going to have strict gun regulations due to who lives there and the high-level foreign officials who come through every day. It’s also a liberal bastion. Those two factors alone sort of throw a wet blanket on the notion of our nation’s capital loosening their gun laws. Constitutional carry in D.C.; are you on bath salts? What is good is that for the most part, every country recognizes a citizen’s right to carry firearms after the proper paperwork (unless you live in a constitutional carry state). That alone is a huge win for the Second Amendment rights movement. In some areas, those rights may be very narrowly defined­–and permits may be distributed in an arbitrary manner–but our side has won the narrative (for now). We must always be vigilant of course. Yet, for now, it’s a good day to be a supporter of American civil rights. Moreover, if the Supreme Court decides to hear arguments regarding “may issue” permit laws, and the whether the “justifiable need” clause is constitutional; it could lead to DC and other anti-gun states being forced to become “shall issue” states.

Those states are required by law to hand out permits if the recipient has passed the background check and filed all the appropriate paperwork correctly.