Federal District Judge Throws out D.C. "good reason" requirement for CCW permits

[johndoe3]

D.C. Federal District Judge Richard Leon on Tuesday threw out the 'good reason' requirement to get a concealed carry permit in D.C. His is a preliminary injunction, leaving it to the Appeals Court to make it permanent. He noted that he issued the preliminary injunction because on the face of it, there was no way the plaintiffs could lose the case, based on the Heller and McDonald case law.

http://dailycaller.com/2016/05/17/feder ... c-gun-law/

to download the well-written decision in PDF...
http://pdfserver.amlaw.com/nlj/NLJ%205- ... v%20DC.pdf

[poikilotrm]

Ya know, if some judge with a pair of balls issued a fatwa, then started chucking people who ignored it in jail for contempt, a lot of this crap would cease.

[whiterussian1974]

Ya know, if some judge with a pair of balls issued a fatwa, then started chucking people who ignored it in jail for contempt, a lot of this crap would cease.

I'm not being argumentative. Just curious.

How would such a Fatwa be worded? How could he keep a Superior Court from vacating his Order?

[poikilotrm]

A judge rules in a case. He then directs the losing party to act in accordance with his ruling. When they don't, he issues warrants for arrest for contempt of court.

Superior courts are loathe to arbitrarily mess with other judges.

[johndoe3]

Somewhat related to Poiki's point on judges taking action against government units engaging in shenanigans, is what a US District Judge ordered on Thursday--DOJ lawyers who knowingly lied and deceived in court must attend annual Ethics classes.

http://www.washingtonexaminer.com/judge ... le/2591815

U.S. District Judge Andrew Hanen was the judge in a case where 26 States brought a lawsuit against Obama's executive orders on immigration. The government's lawyers knowingly engaged in intentional deception during the litigation, and tricked the 26 States who filed the lawsuit into "foregoing a request for a temporary restraining order" against the government.

Any of the DOJ lawyers who participated are now under court order to attend an annual Ethics Course, if they want to appear in any State or Federal Court within any of the 26 States who originally brought the lawsuit.

Hanen seemed to lament that he couldn't disbar the attorneys involved, but he barred the out-of-state attorneys from enjoying the right to practice law in Texas.

[poikilotrm]

President Andrew Jackson once said, "John Marshall has made his decision; now let him enforce it!"

If you had a judge and some US Marshals with balls and an actual dedication to the law, that would not have been such a difficult task. If the president had known a warrant was being issued, and that Marshals were coming for him, he might have taken a different attitude.

I kid, I kid. I know there aren't any government employees with the courage to act in accordance with morality and the law.

[whiterussian1974]

President Andrew Jackson once said, "John Marshall has made his decision; now let him enforce it!"

I kid, I kid. I know there aren't any government employees with the courage to act in accordance with morality and the law.

I also recall Pres Jackson's fatalistic statement. And Admins have been issuing Signing Statements and Admin Orders ever since.

John3: (I agree w you. Just using your info as my jumping off point.)

U.S. District Judge Andrew Hanen should have sentenced them all to 6 months in Jail for Aggrevated Perjury. That may have tightened up a few behinds.

As long as Gov't Agents all the way to the Top continue contravening Law, nothing will change. Yet jurors STILL try to avoid Jury Duty!!! Just show up with a smile and a paperback book and utilize our collective Power to affect change!

When you vote contrary to the other 11 Jurors and force a Hung Jury, tell the Prosec that you don't appreciate police and DAs using Totalitarian Rule over us. That Of/By/For still means something. At least to some of us!

[whiterussian1974]

A judge rules in a case. He then directs the losing party to act in accordance with his ruling. When they don't, he issues warrants for arrest for contempt of court.

Superior courts are loathe to arbitrarily mess with other judges.

Except in cases where Gov't Agencies are involved. Then they often 'suspend' the lower order through Injuctive Relief.

[johndoe3]

http://thefederalist.com/2016/05/25/dc- ... BQ.twitter

The D.C. AG initially ordered the D.C. police to ignore Judge Leon's Federal injunction against them, and continue requiring a "good reason" for a concealed carry permit. The AG pulled a president Jackson.

Journalist Devin Watkins lives in D.C. and had gone to the D.C. police to resubmit his forms for a concealed carry permit the day or so after Judge Leon's injunction. The police told him, "no go, on orders from the D.C. AG". Devin called the AG's office and they confirmed it, telling him to submit a complaint online if he has a problem.

That lasted a day or two when the D.C. AG suddenly realized that he was legally and politically twisting in the wind all by himself. As the article above relates, the D.C. police suddenly require no "good reason" for concealed carry permits, and the spokesperson for the AG's office says...

“[T]he Office of the Attorney General has not and would not instruct any officer of the District government to ignore any Court order.

Haha, cover up that temporary insanity by the D.C. AG. It's sometimes good for a journalist to get involved and shine a bright light on the rats in government. In this case, Devin's journalistic coverage forced an immediate turnaround in D.C.'s compliance with the injunction.

[O2HeN2]

It's sometimes good for a journalist to get involved and shine a bright light on the rats in government. In this case, Devin's journalistic coverage forced an immediate turnaround in D.C.'s compliance with the injunction.

..which is why that pesky 1st amendment will have to go right after the 2nd...

O2

[johndoe3]

http://freebeacon.com/issues/federal-ap ... ts-ruling/

Sorry D.C. residents, your ability to get a concealed carry permit just vanished again.

The D.C. Court of Appeals granted an emergency Administrative Stay on 5/27, setting aside Judge Leon's Injunction removing the "good reason" to get a concealed carry permit. They accepted the D.C. government's appeal and acted to preserve the status quo during the appeal process.