Circuit Court Issues Full Stay on DC Gun Carry Ruling, Speeds Up Appeals Process

Controversial ‘good reason’ clause will remain in effect as appeals process moves forward

Shotguns in a Richmond, Va., gun store / AP
• June 29, 2015 5:05 pm


The Circuit Court for the District of Columbia issued a full stay today on a lower court's ruling that part of the city's gun carry law is unconstitutional.

The stay expands on an emergency administrative stay issued by the same court earlier this month. It also puts a hold on District Court Judge Frederick J. Scullin's injunction against the enforcement of the law's "good reason" clause.

In May, Scullin found that this clause, which gives police final say over who can and cannot get a permit, violates the Second Amendment.

The Circuit Court order means the "good reason" clause will remain in effect as the city appeals Scullin's decision.

The city said it was happy with the court's ruling. "We are extremely pleased with the D.C. Circuit’s decision to allow the District’s permitting process for concealed weapons to remain in place pending the appeal on the merits," D.C. Attorney General Racine said in a press release. "This means that D.C. officials will be able to continue protecting the public and enforcing our gun laws while we pursue that appeal."

The Second Amendment Foundation (SAF) also said it was happy with the order, as it included a section ordering an expedited appeals process.

"We expected the Court to issue a stay pending appeal," SAF Founder Alan Gottlieb told the Free Beacon. "The good news is they also ordered an expedited appeal as well. I am sure the City would have liked to drag the appeal out and now they can't.

"Appeals some time can take years. The stay has forced the Court to fast track the case and that is what we wanted."

The Circuit Court has yet to schedule hearings in the case.

Published under: Gun Control, Guns, New Gun Laws, Washington