“The Second Amendment right to bear arms includes the right to carry functional, loaded handguns in public areas for the purpose of self-defense. This right, like others, is subject to some degree of regulation, but its status as a right precludes the government from regulating it out of existence or forcing individuals to prove their entitlement to its exercise.” So reads a lawsuit filed today by Alan Gura and the Second Amendment Foundation against the District of Columbia. As wamu.org reports, “The city’s “may-issue” permitting scheme was passed by the D.C. Council last September after a federal judge overturned the city’s longstanding ban on carrying handguns in public.” . . .
But as we noted earlier, since DC began taking applications, they’ve only approved eight of sixty-six applications.
The lawsuit says that the city’s requirements that applicants prove they face a specific threat or work in an industry where they have to carry large amounts of cash or other valuables in order to get concealed carry permits are unconstitutional.
“Individuals cannot be required to prove a ‘good reason’ or ‘other proper reason’ for the exercise of fundamental constitutional rights, including the right to keep and bear arms,” (the lawsuit) says.
As the Heller and McDonald suits have show, it’s possible to force anti-gun localities to recognize citizens’ Second Amendment rights, even if they’ve made the decision only to go kicking and screaming. While we’re not attorneys (and happier about that, we could not be) the latest challenge to D.C.’s hoplophobic policies would seem to be destined for success. Stay tuned.