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Old May 18th, 2015, 05:25 PM #1
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Wrenn PI Granted (DC Shall Issue)

Results just in and it's a big win for our team. Preliminary Injunction Attached.

Judge Scullen essentially said that the District could not connect their interest in public safety with laws preventing lawful people from carrying in public. Likewise, the District could not demonstrate that a good cause requirement could even plausibly protect people who had not yet faced a violent crime.

Keep in mind DC copied Maryland law when crafting their rules.

Orders:

Quote:
After reviewing the entire file in this matter, the parties' submissions and the applicable law, and for the above-stated reasons, the Court hereby

ORDERS that Plaintiffs' motion for a preliminary injunction is GRANTED; and the Court further

ORDERS that Defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of the injunction are enjoined from enforcing the requirement of D.C. Code § 22-4506(a) that handgun carry license applicants have a "good reason to fear injury to his or her person or property or has any other proper reason for carrying a pistol," including, but not limited to, the manner in which that requirement is defined by D.C. Code § 7-2509.11 and 24 D.C.M.R. §§ 2333.1, 2333.2, 2333.3, 2333.4, and 2334.1, against Plaintiffs Brian Wrenn, Joshua Akery, Tyler Whidby, and other members of Plaintiff Second Amendment Foundation, Inc.; and the Court further

ORDERS that Defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of the injunction, are enjoined from denying handgun carry licenses to applicants who meet the requirements of D.C. Code 22- 4506(a) and all other current requirements for the possession and carrying of handguns under District of Columbia law; and the Court further

ORDERS that, pursuant to Rule 65(c) of the Federal Rules of Civil Procedure, Plaintiffs shall post security in the amount of $1,000.00; and the Court further

ORDERS that counsel shall appear for a conference with the Court on Tuesday, July 7, 2015, at 11:00 a.m. to discuss an expedited schedule for the resolution of this case.
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File Type: pdf Wrenn opinion prelim injunction.pdf (173.4 KB, 573 views)
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Old May 18th, 2015, 05:30 PM #2
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Did i read that right??
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"More importantly, where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention. Permitting such a justification would eviscerate Fourth Amendment protections for lawfully armed individuals in those states."

http://www.ca4.uscourts.gov/opinions...d/115084.p.pdf
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Old May 18th, 2015, 05:31 PM #3
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Quote:
Originally Posted by danb View Post
Did i read that right??
Yup.

Let's tone down talk of the eventual Circuit stay, and just enjoy this moment for a bit, eh?
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Old May 18th, 2015, 05:31 PM #4
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Whoa...
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Old May 18th, 2015, 05:32 PM #5
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Wow
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Old May 18th, 2015, 05:39 PM #6
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What is the status with the new DC carry law? I thought Congress (House oversight committee I think) had to give approval to all new laws in DC.
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Old May 18th, 2015, 05:39 PM #7
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A win. Is a win.


But a win on a PI...that sends a message..
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Old May 18th, 2015, 05:45 PM #8
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There was reason to be optimistic with this one given Judge Scullin had the case. He spelled out that the good cause/reason clause is toast. Time/Place/Manner can be regulated.

Wanna bet how far the District will take that one?...
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Old May 18th, 2015, 05:47 PM #9
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I had to look up "enjoined" and "preliminary injunction".

And now that I know what they mean.... Wow. In DC no less.
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Old May 18th, 2015, 05:48 PM #10
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WOW I never thought that would happen in our MD, D.C. region anytime soon.
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Old May 18th, 2015, 05:50 PM #11
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does this mean we can carry in dc or just that they have to change their permit system?
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Old May 18th, 2015, 05:52 PM #12
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Quote:
Originally Posted by 44man View Post
does this mean we can carry in dc or just that they have to change their permit system?
You still need a DC permit. The rules for getting that permit have changed....
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Old May 18th, 2015, 05:52 PM #13
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It means for the time being DC is virtually shall issue, after fulfilling all the background checks and training.
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Old May 18th, 2015, 05:53 PM #14
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Thank you Patrick and MSI
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Old May 18th, 2015, 06:08 PM #15
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Quote:
Originally Posted by Gryphon View Post
It means for the time being DC is virtually shall issue, after fulfilling all the background checks and training.
D@mn I started the licensing process for my business in DC today. Half the reason was for G&S for a DC carry permit. Who would have thought that G&S would die in DC that fast. Wow.
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Old May 18th, 2015, 06:36 PM #16
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Old May 18th, 2015, 06:41 PM #17
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Big news. Long, long way to go yet, but this is big.
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Old May 18th, 2015, 06:46 PM #18
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We've seen this play out right?

A rogue (read non liberal) Judge rules one way and the state (in this case district) will cry foul and win on appeal.

Neva been done befoe.
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Old May 18th, 2015, 06:46 PM #19
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Am I to assume that everything is the same except you do not need to prove G&S?
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Old May 18th, 2015, 06:49 PM #20
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I turned my DC application in 86 days ago.

As a DC CCL Instructor, I am unable to teach unless I get a permit to carry (transport) a registered firearm into DC.

From anecdotal evidence, I believe our public servants sit on the application requesting permission to exercise our rights until the last possible day.

I'll update if or when I hear anything.


   
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