Tag Archive for federal judge rules having to show good reason to get gun permit unconstitutional

Constitutional Win for Gun Rights in the District of Columbia

In a rare win, residents of the District of Columbia won a court ruling against the District’s draconian gun laws.  In short, U.S. District Judge Richard J. Leon ruled that a key provision of the current law was likely unconstitutional.  Specifically, the Judge found that requiring a citizen to show “good reason” to exercise a constitutional right violates the essence of a “right.”  In respect to the Second Amendment, like all others, there is no burden upon the citizen to show the “need” to exercise and enjoy such rights.  As such, the District’s requirement for citizens to show grounds to obtain a carry permit based on the government’s criteria is unconstitutional.

This ruling is sure to be appealed; however, it has strong implications across the nation where other such laws have been upheld.  Judge Leon was absolutely correct in striking down this provision and re-establishing what a “right” is supposed to be.  Hopefully, this ruling will be used to bring suit against other currently standing laws and overturn them in communist states such as Maryland and New York.  The Bill of Rights exists to specifically limit the government’s powers.  Neither the Second Amendment nor any other “right” requires the “permission” of the government to exercise.  Can you imagine having to first get the government’s permission based on very limited criteria, to openly discuss your opinion on a political subject or to attend church?  Any legal deviation toward government gatekeeping of the free exercise of rights is exceedingly dangerous and opens a direct precedent for undermining the very essence of the rule of law derived from the Constitution and the powers and authorities it explicitly gives and limits to the federal government.  Today, Judge Leon is celebrated as a hero for defying his political masters and standing up for the rights of citizens.

By Guiles Hendrik

May 17, 2016

 

More reading:  https://www.washingtonpost.com/local/public-safety/us-judge-strikes-down-dc-concealed-carry-gun-law-as-likely-unconstitutional/2016/05/17/d36d35dc-1c49-11e6-8c7b-6931e66333e7_story.html